UNITED STATES v. NICKLE

No. 9770.

70 F.2d 873 (1934)

UNITED STATES v. NICKLE.

Circuit Court of Appeals, Eighth Circuit.

March 23, 1934.


Attorney(s) appearing for the Case

Thomas E. Walsh, Atty., Department of Justice, of Washington, D. C. (William L. Vandeventer, U. S. Atty., and Claude E. Curtis, Asst. U. S. Atty., both of Kansas City, Mo., and John M. George, Atty., Department of Justice, of Washington, D. C., on the brief), for the United States.

L. W. Eubanks, of Monett, Mo., for appellee.

Before GARDNER and WOODROUGH, Circuit Judges, and MARTINEAU, District Judge.


GARDNER, Circuit Judge.

This is an action brought to recover on a war risk insurance contract. Recovery is sought on the ground that insured became permanently totally disabled during the life of the policy. The policy lapsed for nonpayment of premiums June 1, 1919. Appellee was plaintiff below, and we shall refer to the parties as they appeared in the lower court.

The petition of plaintiff is in conventional form, and the answer, aside from certain specific...

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