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UNITED STATES v. COCHRAN

No. 678.

63 F.2d 61 (1933)

UNITED STATES v. COCHRAN.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied February 23, 1933.

Attorney(s) appearing for the Case

W. F. Rampendahl, U. S. Atty., and Philas S. Jones, Asst. U. S. Atty., both of Muskogee, Okl., T. J. Williamson, Ins. Atty., William Wolff Smith, Sp. Counsel, and W. C. Pickett, Atty., Veterans' Administration, all of Washington, D. C., for the United States.

Alger Melton and Adrian Melton, both of Chickasha, Okl., for appellee.

Before LEWIS, COTTERAL, and PHILLIPS, Circuit Judges.

LEWIS, Circuit Judge.

This is an appeal from a judgment on a War Risk insurance policy. The soldier, Grover Cochran, enlisted September 19, 1917, went overseas and was honorably discharged on February 14, 1919. His policy lapsed on March 31, 1919 because of non-payment of dues, unless on that date he was totally and permanently disabled so that he could not then and thereafter engage continuously in any substantially gainful occupation. After he returned he had a...

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