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CARTEY v. UNITED STATES

No. 8209.

86 F.2d 139 (1936)

CARTEY v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

October 29, 1936.

Attorney(s) appearing for the Case

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

T. Hoyt Davis, U. S. Atty., and A. Edward Smith, Asst. U. S. Atty., both of Macon, Ga., for the United States.

Before FOSTER, SIBLEY, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

Both sides joined in the motion to the District Judge to direct the verdict, and he directed it for the United States. We have only to determine whether the evidence authorizes such a finding of the facts as under the law will support this result. Cartey, the insured soldier, was discharged from the army July 15, 1919, and paid no insurance premium since, so that his insurance lapsed August 1, 1919,...

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