LYNCH v. UNITED STATES

No. 7071.

67 F.2d 490 (1933)

LYNCH v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 14, 1933.


Attorney(s) appearing for the Case

John J. McCreary, of Macon, Ga., for appellant.

T. Hoyt Davis, U. S. Atty., and A. Edward Smith, Asst. U. S. Atty., both of Macon, Ga., and Randolph Shaw, Sp. Asst. to Atty. Gen., for the United States.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.


FOSTER, Circuit Judge.

In April, 1933, appellant filed suit as beneficiary to recover on a policy of war risk insurance in the sum of $10,000, issued to her son while he was enlisted in the United States Navy. The material facts disclosed by the allegations of the petition are these: The policy was kept in force by the payment of premiums until September 1, 1919. No premiums were thereafter paid. The insured was totally and permanently disabled before September 1...

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