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ROBINSON v. UNITED STATES

No. 109.

87 F.2d 343 (1937)

ROBINSON et al. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

January 4, 1937.

Attorney(s) appearing for the Case

George L. Grobe, U. S. Atty., of Buffalo, N. Y., Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., and Wilbur C. Pickett and Randolph C. Shaw, Sp. Assts. to the Atty. Gen.

Daniel J. O'Mara and Edmund Clynes, both of Rochester, N. Y., for appellees.

Young M. Smith and Samuel M. Gold, both of Washington, D. C., Attys. U. S. Department of Justice.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

Three infant children of Thomas W. Mowry have sued on a war risk insurance policy upon the claim that the decedent had suffered a total and permanent disability by reason of pulmonary tuberculosis prior to June 1, 1919, the date on which the policy lapsed.

The policy was issued to him while overseas pursuant to the War Risk Insurance Act (section 400 et seq. [40 Stat. 400]). Upon the authority of section 13 of the Act (40 Stat. 399)...

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