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UNITED STATES v. NICKLE

No. 9391.

60 F.2d 372 (1932)

UNITED STATES v. NICKLE.

Circuit Court of Appeals, Eighth Circuit.

August 1, 1932.

Attorney(s) appearing for the Case

William L. Vandeventer, U. S. Atty., and Claude E. Curtis, Asst. U. S. Atty., both of Kansas City, Mo., William Wolff Smith, Sp. Counsel, Veterans' Administration, and Bayless L. Guffy, Atty., Veterans' Administration, both of Washington, D. C., and V. E. Willis, Atty., Veterans' Administration, of Kansas City, Mo., for appellant.

L. W. Eubanks, of Monett, Mo., for appellee.

Before GARDNER and SANBORN, Circuit Judges, and NORDBYE, District Judge.

SANBORN, Circuit Judge.

Earl E. Nickle, plaintiff in the court below, was a soldier in the United States Army from May 29, 1918, to June 13, 1919. There was issued to him a policy of war risk insurance. Premiums were deducted from his pay while he was in the service. He paid no premiums after his discharge. Unless he died or became totally and permanently disabled prior to August 1, 1919, his policy lapsed on that date. He subsequently claimed the benefits of the...

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