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UNITED STATES v. McLAUGHLIN

No. 9050.

53 F.2d 450 (1931)

UNITED STATES v. McLAUGHLIN.

Circuit Court of Appeals, Eighth Circuit.

November 2, 1931.

Attorney(s) appearing for the Case

Charles E. Sandall, U. S. Atty., of Omaha, Neb. (Robert Van Pelt, Asst. U. S. Atty., of Lincoln, Neb., and Ambrose C. Epperson, Edson Smith, and Lawrence I. Shaw, Asst. U. S. Attys., all of Omaha, Neb., on the brief), for the United States.

C. Frank Reavis, of Lincoln, Neb. (Edward F. Fogarty and Richard Wood, both of Omaha, Neb., and G. E. Price, of Lincoln, Neb., on the brief), for appellee.

Before STONE and GARDNER, Circuit Judges, and YOUMANS, District Judge.

YOUMANS, District Judge.

Appellee, who will hereafter be referred to as plaintiff, enlisted in the United States Army on December 14, 1917, and was discharged on March 1, 1919. During that period he took out a policy of war risk insurance for $10,000 on which he paid premiums monthly up to and including the month of April, 1919. The payment of the April premium continued the policy in force until May 31, 1919. This suit was brought December 11, 1929.

Plaintiff...

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