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UNITED STATES v. GREEN

No. 9489.

69 F.2d 921 (1934)

UNITED STATES v. GREEN.

Circuit Court of Appeals, Eighth Circuit.

March 5, 1934.

Attorney(s) appearing for the Case

V. E. Willis, Chief Atty., U. S. Veterans' Administration, of Kansas City, Mo. (William L. Vandeventer, U. S. Atty., and Claude E. Curtis, Asst. U. S. Atty., both of Kansas City, Mo., on the brief), for appellant.

Platt Hubbell, of Trenton, Mo., for appellee.

Before STONE and KENYON, Circuit Judges, and REEVES, District Judge.

STONE, Circuit Judge.

The statute creating war risk insurance (40 Stat. 398, 409) provides for insurance against death or "total permanent disability." This insurance was voluntary and a matter of contract. It was in force during the life of the contract (the policy). Therefore, to entitle to recovery thereunder the insured must (where death is not involved) establish "total permanent disability" during the life of the contract [Lumbra v. United States (January 8...

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