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LYNCH v. UNITED STATES

No. 7480.

73 F.2d 316 (1934)

LYNCH et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

November 3, 1934.

Attorney(s) appearing for the Case

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

T. Hoyt Davis, U. S. Atty., and A. Edward Smith and H. Grady Rawls, Asst. U. S. Attys., all of Macon, Ga.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.

FOSTER, Circuit Judge.

In this case it appears that two policies of war risk insurance were issued to Roy H. Lynch while he was serving as a soldier in the United States Army. The policies lapsed for nonpayment of premiums on March 3, 1919. Roy H. Lynch died on August 17, 1927. Suit was brought on the policies by appellants about August 15, 1932. The original petition alleged that Roy H. Lynch became permanently and totally disabled while the policy was in force through...

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