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FLEMING v. UNITED STATES

No. 7846.

107 F.2d 952 (1939)

FLEMING v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

November 14, 1939.

Attorney(s) appearing for the Case

J. S. Edmondson, of Memphis, Tenn. (Dixon, Williams & Edmondson, of Memphis, Tenn., on the brief), for appellant.

Thomas E. Walsh, of Washington, D. C. (William McClanahan and C. P. J. Mooney, both of Memphis, Tenn., and Julius C. Martin, and Wilbur C. Pickett, both of Washington, D. C., on the brief), for the United States.

Before HICKS, SIMONS, and HAMILTON, Circuit Judges.

HAMILTON, Circuit Judge.

The appellant calls our attention to an obvious error in our former opinion, 6 Cir., 106 F.2d 452. We based our decision on the fact that the veteran's policy of insurance lapsed June 21, 1919, for non-payment of premiums.

The facts are that the veteran had issued to him two war risk insurance policies for $5,000 each, one of which lapsed for non-payment of premiums in June 1919. Premiums were paid...

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