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McCUNE v. UNITED STATES

No. 6027.

56 F.2d 572 (1932)

McCUNE v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

March 11, 1932.

Attorney(s) appearing for the Case

R. H. McNeill, of Washington, D. C. (Nunn & Waller, of Paducah, Ky., on the brief), for appellant.

Frank A. Ropke, of Louisville, Ky., and Thomas E. Walsh, of Washington, D. C. (T. J. Sparks, of Louisville, Ky., on the brief), for appellee.

Before HICKS and HICKENLOOPER, Circuit Judges, and TUTTLE, District Judge.

HICKENLOOPER, Circuit Judge.

Appellant's intestate enlisted in the United States Navy on May 7, 1919, and a policy of war risk insurance was then issued to him. On July 21, 1921, while the insured was still in the service and the policy of insurance in force, and apparently while his ship, the Rochester, was in port at Newport, R. I., he simply disappeared, and has not since been heard from. The case differs from that of Equitable Life Assur. Soc. v. Sieg,

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