CREWS v. UNITED STATES

No. 6664.

102 F.2d 485 (1939)

CREWS et al. v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied April 1, 1939.


Attorney(s) appearing for the Case

Stephen A. Cross, of Chicago, Ill., for appellants.

Keith L. Seegmiller, Julius C. Martin, Wilbur C. Pickett, and Young M. Smith, all of Washington, D. C., and Michael L. Igoe, U. S. Atty., William J. Campbell, and Wm. M. Lytle, all of Chicago, Ill., for the United States.

Before EVANS, SPARKS, and MAJOR, Circuit Judges.


EVANS, Circuit Judge.

This action was brought by plaintiffs to recover on a war risk insurance policy issued to Flannell Smith, who enlisted in the United States service, August 1, 1918, was discharged, July 25, 1919, and died, June 18, 1921. His death was due to pulmonary tuberculosis, although during the latter part of his life he suffered from other serious afflictions.

Insured paid no premiums on his policy after his discharge in 1919. Plaintiffs, however...

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