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UNITED STATES v. STACK

No. 3395.

62 F.2d 1056 (1933)

UNITED STATES v. STACK et al.

Circuit Court of Appeals, Fourth Circuit.

January 31, 1933.

Attorney(s) appearing for the Case

John M. George, Atty., U. S. Veterans' Administration, of Richmond, Va. (Henry E. Davis, U. S. Atty., of Florence, S. C., S. Henry Edmunds, Jr., Asst. U. S. Atty., of Charleston, S. C., Davis G. Arnold and C. L. Dawson, both of Washington, D. C., and J. C. Willcox, of Columbia, S. C., Attys., Veterans' Administration, on the brief), for the United States.

R. K. Wise, of Columbia, S. C. (W. D. Barnett, of Columbia, S. C., on the brief), for appellees.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PER CURIAM.

This is an appeal from a judgment on a policy of war risk insurance which lapsed for nonpayment of premiums in the year 1919. Insured died of tuberculosis in the year 1925. The only question is whether insured was totally and permanently disabled at the time of the lapse of the policy, and the majority of the court are of opinion that, under the principles laid down in U. S. v. Diehl (C. C. A. 4th) 62 F.2d 343, and Eggen...

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