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UNITED STATES v. JOHNSON

No. 7896.

81 F.2d 867 (1936)

UNITED STATES v. JOHNSON.

Circuit Court of Appeals, Fifth Circuit.

February 18, 1936.

Attorney(s) appearing for the Case

J. Gregory Bruce, Atty., Department of Justice, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., and Jim C. Smith, U. S. Atty., of Birmingham, Ala.

Frank M. Dixon, of Birmingham, Ala., for appellee.

Before FOSTER, HUTCHESON, and WALKER, Circuit Judges.

FOSTER, Circuit Judge.

Appellee brought this suit to recover on a policy of war risk insurance, in the amount of $5,000, issued to him while a soldier in the United States Army, on the ground that the policy had matured by reason of his permanent total disability. Error is assigned to the denial of a motion by the government for a directed verdict.

It appears that Johnson was discharged from the army January 9, 1919. The policy lapsed for nonpayment of premiums...

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