WALL v. UNITED STATES

No. 1597.

97 F.2d 672 (1938)

WALL et al. v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

June 20, 1938.


Attorney(s) appearing for the Case

Frank C. Wade, of Terre Haute, Ind. (H. F. Hudson, of Wichita, Kan., on the brief), for appellant.

Thomas E. Walsh, of Washington, D. C. (Summerfield S. Alexander, U. S. Attyand R. T. McCluggage, Asst. U. S. Atty., both of Topeka, Kan., Wilbur C. Pickett, Sp. Asst. to the Atty. Gen., and Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., on the brief), for the United States.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.


BRATTON, Circuit Judge.

This is an action upon a contract of war risk insurance. The insured was inducted into the military service on June 25, 1918; was discharged on January 20, 1919; and died in 1930. The policy lapsed for nonpayment of premium on March 1, 1919, unless the insured became totally and permanently disabled prior to that time. Plaintiff is the beneficiary named in the policy and the administratrix of the estate of the deceased. She alleged that he...

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