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UNITED STATES v. LINKHART

No. 4852.

64 F.2d 747 (1933)

UNITED STATES v. LINKHART.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied May 26, 1933.

Attorney(s) appearing for the Case

Paul F. Jones, U. S. Atty., and Walter E. Ackerman, Asst. U. S. Atty., both of Danville, Ill., and J. O'Connor Roberts, of Washington, D. C., for the United States.

Charles H. Fletcher, of Mattoon, Ill., and Charles Troup, of Danville, Ill., for appellee.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.

ALSCHULER, Circuit Judge.

The suit was upon a war risk insurance certificate issued to appellee, Linkhart, after he entered the service in 1918, from which he was honorably discharged April 28, 1919. It was stipulated in the record that his insurance contract lapsed for nonpayment of the monthly premium thereon which was due May 1, 1919; and "that the only issue in this case is whether plaintiff was totally and permanently disabled on or before April 1, 1919, or within...

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