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AMERICAN NAT. BANK & TRUST CO. v. UNITED STATES

No. 6815.

104 F.2d 783 (1939)

AMERICAN NAT. BANK & TRUST CO. OF CHICAGO v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

June 13, 1939.

Attorney(s) appearing for the Case

Stephen A. Cross, of Chicago, Ill. (Kenneth B. Kirk, of Chicago, Ill., of counsel), for appellant.

Keith L. Seegmiller, of Washington, D. C., William J. Campbell, U. S. Atty., and William M. Lytle and Benjamin F. Schwartz, Attys., Department of Justice, all of Chicago, Ill., Julius C. Martin, Director, Bureau of War Risk Litigation, and Fendall Marbury and Samuel Flatow, Attys., Department of Justice, all of Washington, D. C., for the United States.

Before MAJOR, TREANOR, and KERNER, Circuit Judges.

KERNER, Circuit Judge.

This action, commenced November 30, 1935, was brought by the plaintiff as conservator of the estate of George T. Thompson, Incompetent, to recover on a policy of war risk insurance issued to Thompson, who was in the United States Army from August 22, 1918 to December 16, 1918. The policy lapsed for non-payment of premiums January 31, 1919. In its complaint, plaintiff alleged that before its lapse the policy had matured by reason of insured's...

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