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STOREY v. UNITED STATES

No. 604.

60 F.2d 484 (1932)

STOREY v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

July 18, 1932.

Attorney(s) appearing for the Case

Lewis A. Hasty, of Wichita, Kan., for appellant.

C. L. Dawson, of Washington, D. C., Atty., Veterans' Administration (S. M. Brewster, U. S. Atty., and L. E. Wyman, Asst. U. S. Atty., both of Topeka, Kan., and William Wolff Smith, of Washington, D. C., Sp. Counsel, Veterans' Administration, on the brief), for the United States.

Before COTTERAL, PHILLIPS, and McDERMOTT, Circuit Judges.

McDERMOTT, Circuit Judge.

The plaintiff below, a mechanic by trade, enlisted in the United States Army on December 15, 1917. His policy of war risk insurance lapsed on December 1, 1918 unless it matured prior to that date. Claiming to have been permanently and totally disabled prior to December 1, 1918, the plaintiff filed this action. The case was tried without a jury, and, at the close of plaintiff's evidence, the government moved for judgment on the ground that...

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