SKELTON v. UNITED STATES

No. 1398.

88 F.2d 599 (1937)

SKELTON et al. v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

On Rehearing March 2, 1937.


Attorney(s) appearing for the Case

R. L. Disney, of Oklahoma City, Okl. (Suits & Disney, of Oklahoma City, Okl., and John C. Powell, of Sulphur, Okl., on the brief), for appellants.

Randolph C. Shaw, Sp. Asst. to the Atty. Gen. (C. A. Summers, U. S. Atty., and C. W. Miller, Asst. U. S. Atty., both of Muskogee, Okl., Daniel Dillon, Atty., Bureau of War Risk Litigation, of Oklahoma City, Okl., L. A. Lawlor, Acting Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett and Fendall Marbury, Sp. Assts. to the Atty. Gen., and Keith L. Seegmiller, Atty., Department of Justice, of Washington, D. C., on the brief), for the United States.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.


McDERMOTT, Circuit Judge.

This war risk insurance case turns upon a difficult question of statutory interpretation. By a statute first passed in 1921 and several times amended, Congress has enacted that term insurance shall not be considered as having lapsed as long as the insured had compensation due him sufficient to pay the premiums. World War Veterans' Act 1924, § 305, as amended, 38 U.S. C.A. § 516. Broadly speaking, term insurance ceased on July 2...

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