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UNITED STATES v. SPARKS

No. 5532.

80 F.2d 392 (1935)

UNITED STATES v. SPARKS.

Circuit Court of Appeals, Seventh Circuit.

November 27, 1935.

Attorney(s) appearing for the Case

James R. Fleming, U. S. Atty., of Fort Wayne, Ind., Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett and Randolph C. Shaw, Sp. Assts. to Atty. Gen., Luther M. Swygert, Asst. U. S. Atty., of Hammond, Ind., and Young M. Smith, of Washington, D. C., for the United States.

Jesse W. Calhoon, of Kokomo, Ind., and Remster A. Bingham, of Indianapolis, Ind., for appellee.

Before SPARKS and ALSCHULER, Circuit Judges, and BALTZELL, District Judge.

SPARKS, Circuit Judge.

This was an action upon a war risk insurance policy issued to appellee while he was in the United States military service from September 19, 1917, until his discharge on March 21, 1919. The policy insured appellee against death and permanent disability. The premiums had been paid until December, 1925, at which time the insurance lapsed for non-payment of premiums. It was reinstated in the following month upon certain conditions hereinafter referred...

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