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ROSS v. UNITED STATES

No. 5910.

49 F.2d 541 (1931)

ROSS v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

April 27, 1931.

Attorney(s) appearing for the Case

Neal Powers and W. F. Weeks, both of Wichita Falls, Tex. (Weeks, Morrow, Francis & Hankerson, of Wichita Falls, Tex., on the brief), for appellant.

Norman A. Dodge, U. S. Atty., and Alex M. Mood, Asst. U. S. Atty., both of Fort Worth, Tex., and Eric Eades, Regional Atty., U. S. Veterans' Bureau, of Dallas, Tex., for the United States.

Before BRYAN and FOSTER, Circuit Judges, and HUTCHESON, District Judge.

FOSTER, Circuit Judge.

Appellant brought suit to recover on a certificate of war risk insurance issued to William S. Ross, in the sum of $10,000, on August 10, 1918, at which time he was serving in the army of the United States. Ross was honorably discharged on April 4, 1919. The premiums were paid through April, but the insurance lapsed on May 1, 1919. The suit was brought on the theory that at the time Ross was discharged...

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