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IVEY v. UNITED STATES

No. 3533.

67 F.2d 204 (1933)

IVEY v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

October 13, 1933.

Attorney(s) appearing for the Case

E. J. Wellons, of Smithfield, N. C., for appellants.

W. H. Fisher, U. S. Atty., of Wilmington, N. C. (T. P. Regan, of Charlotte, N. C., Atty., Department of Justice, on the brief), for the United States.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PER CURIAM.

This is an appeal in a war risk insurance case in which verdict was directed for the government. The policy was allowed to lapse for nonpayment of premium in 1919, and the insured died of pulmonary tuberculosis in 1930. The contention of plaintiff is that, at the time of the lapse of the policy, insured was afflicted with tuberculosis. The trouble with plaintiff's case, however, is that there is nothing in the...

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