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SCHMIDT v. UNITED STATES

No. 9607.

63 F.2d 390 (1933)

SCHMIDT v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

January 19, 1933.

Attorney(s) appearing for the Case

G. E. Price, of Lincoln, Neb., for appellant.

Robert Van Pelt, Asst. U. S. Atty., of Lincoln, Neb. (Charles E. Sandall, U. S. Atty., of Omaha, Neb., F. H. Wagener, Atty., Veterans' Administration, of Lincoln, Neb., and Ambrose C. Epperson, Edson Smith, and Lawrence I. Shaw, Asst. U. S. Attys., all of Omaha, Neb., on the brief), for the United States.

Before KENYON, GARDNER, and SANBORN, Circuit Judges.

GARDNER, Circuit Judge.

This is an action to recover on a contract of war risk insurance.

William Rice was inducted into the military service of the United States on September 25, 1917, at Tombstone, Ariz., and was received at Camp Funston, Kan., on November 22, 1917. He applied for war risk insurance on February 2, 1918, and paid one month's premium. His insurance in terms lapsed for nonpayment of premiums March 1, 1918, but through the grace period the contract...

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