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PREVETTE v. UNITED STATES

No. 3513.

68 F.2d 112 (1934)

PREVETTE et al. v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

January 4, 1934.

Attorney(s) appearing for the Case

R. H. McNeill, of Washington, D. C. (H. Woodward Winburn, of Greensboro, N. C., on the brief), for appellants.

Charles R. Jonas, Asst. U. S. Atty., of Lincolnton, N. C. (Frank C. Patton, U. S. Atty., of Morganton, N. C., and Thos. A. McCoy, Asst. U. S. Atty., of Asheville, N. C., on the brief), for the United States.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

SOPER, Circuit Judge.

This is a suit upon a policy of war risk insurance in the amount of $10,000, issued to Carl Ervin Creedmore, who was drafted in the army on August 26, 1918, and discharged October 28, 1918, after serving two months and two days at Camp Jackson, S. C. The policy lapsed for nonpayment of the premiums on December 1, 1918, unless at that time the insured was permanently and totally disabled. The insured died on July 12, 1923, of a kidney ailment...

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