LAWHON v. UNITED STATES

No. 1364.

82 F.2d 921 (1936)

LAWHON v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

April 7, 1936.


Attorney(s) appearing for the Case

Benjamin E. Cook, of Ponca City, Okl., for appellant.

Randolph C. Shaw, Sp. Asst. to Atty. Gen. (Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., Thomas E. Walsh, Atty., Department of Justice, of Washington, D. C., and William C. Lewis, U. S. Atty., of Oklahoma City, Okl., on the brief), for the United States.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.


McDERMOTT, Circuit Judge.

This appeal challenges the correctness of the trial court's action in directing a verdict for the defendant in an action on a war risk insurance policy.

Plaintiff was in the service 54 days; he was discharged October 28, 1918, and paid no premiums on his policy thereafter. In 1931 he was awarded compensation from the date of his discharge. Under World War Veterans' Act of 1924, § 305, as amended, 38 U.S.C.A. § 516, as construed...

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