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UNITED STATES v. DUPIRE

No. 11268.

101 F.2d 945 (1939)

UNITED STATES v. DUPIRE.

Circuit Court of Appeals, Eighth Circuit.

February 21, 1939.

Attorney(s) appearing for the Case

Maurice M. Milligan, U. S. Atty., of Kansas City, Mo., Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Fendall Marbury, Sp. Asst. to Atty. Gen., and Thomas E. Walsh, Atty., Department of Justice, of Washington, D. C.

Lawrence E. Goldman and Frank R. Daley, both of Kansas City, Mo., for appellee.

Before GARDNER, SANBORN and VAN VALKENBURGH, Circuit Judges.

VAN VALKENBURGH, Circuit Judge.

The appellee, plaintiff below, entered the military service of the United States on May 6, 1918, and was honorably discharged therefrom on August 29, 1918; while in the service he was granted war risk insurance in the amount of $10,000. This policy was permitted to lapse for non-payment of the monthly premium which fell due September 1, 1918. Effective May 1, 1924, he reinstated $5,000 of this term insurance, and, in June, 1927, converted...

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