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HARPER v. UNITED STATES

No. 1651.

98 F.2d 885 (1938)

HARPER v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

September 1, 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, Atty., Department of Justice, of Washington, D. C. (Summerfield S. Alexander, U. S. Atty., and R. T. McCluggage, Asst. U. S. Atty., both of Topeka, Kan., Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Keith L. Seegmiller, Atty., Department of Justice, of Washington, D. C., on the brief), for the United States.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

This action instituted by the plaintiff (appellant) to recover for total permanent disability benefits under policy of war risk term insurance issued to plaintiff during wartime service as nurse, allegation was that the said policy was kept in force for a time not definitely known to plaintiff by reason of acts of premium payment and of uncollected compensation due plaintiff when her policy otherwise lapsed for nonpayment of premiums, and...

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