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UNITED STATES v. TATE

No. 4346.

99 F.2d 307 (1938)

UNITED STATES v. TATE.

Circuit Court of Appeals, Fourth Circuit.

October 14, 1938.

Attorney(s) appearing for the Case

Marcus Erwin, U. S. Atty., of Asheville, N. C., and Julius C. Martin, Director, Bureau of War Risk Litigation, and Keith L. Seegmiller, Atty., Department of Justice, both of Washington, D. C., for the United States.

Stover P. Dunagan and W. C. McRorie, both of Rutherfordton, N. C., and R. Gregg Cherry, of Gastonia, N. C., for appellee.

Before NORTHCOTT and SOPER, Circuit Judges.

PER CURIAM.

This suit was brought on a policy of War Risk insurance by the administrator of the soldier. The policy was issued to the soldier during his service in the United States Army between April 1, 1918 and April 6, 1919. The soldier became permanently and totally disabled during the life of the policy on or before May 30, 1919 when, except for the disability, the policy would have lapsed. He died on January 23, 1930. A claim for insurance benefits was filed...

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