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UNITED STATES v. JOHNSON

No. 10980.

94 F.2d 539 (1938)

UNITED STATES v. JOHNSON.

Circuit Court of Appeals, Eighth Circuit.

February 18, 1938.

Attorney(s) appearing for the Case

Clinton R. Barry, U. S. Atty., of Fort Smith, Ark., G. W. Hendricks, Sp. Asst. to U. S. Atty., of Little Rock, Ark., John E. Harris and Duke Frederick, Asst. U. S. Attys., both of Fort Smith, Ark., Julius C. Martin, Director, Bureau of War Risk Litigation of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Young M. Smith, of Washington, D. C., for appellant.

A. N. Hill, of Charleston, Ark., and E. H. Bost, of Fort Smith, Ark., for appellee.

Before GARDNER, SANBORN, and THOMAS, Circuit Judges.

SANBORN, Circuit Judge.

This action at law was commenced December 9, 1935, to recover upon a policy of war risk insurance issued to James Johnson, who was in the United States Army from August 23, 1918, to April 3, 1919. He paid no premiums after his discharge from the service, and the policy lapsed on June 1, 1919, for nonpayment of premium. The insured died November 24, 1929. The plaintiff (appellee) in her complaint alleged that prior to its lapse the policy had...

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