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UNITED STATES v. HARMON

No. 8147.

110 F.2d 332 (1940)

UNITED STATES v. HARMON.

Circuit Court of Appeals, Sixth Circuit.

March 15, 1940.

Attorney(s) appearing for the Case

Thomas E. Walsh, of Washington, D. C. (J. B. Frazier, Jr., U. S. Atty., of Knoxville, Tenn., and Julius C. Martin, Wilbur C. Pickett, and Thomas E. Walsh, all of Washington, D. C., on the brief), for appellant.

S. J. Milligan, of Greeneville, Tenn., and Frank P. Bowen, of Knoxville, Tenn. (Frank P. Bowen, of Knoxville, Tenn., and Milligan & Haynes, of Greeneville, Tenn., on the brief), for appellee.

Before HICKS, ALLEN, and ARANT, Circuit Judges.

HICKS, Circuit Judge.

Suit upon a war risk insurance policy. The court overruled appellant's motion for a directed verdict and appellee had verdict and judgment. The policy was issued shortly after he entered military service on June 5, 1917. He was discharged on April 17, 1919; the policy lapsed January 19, 1921. The disease relied upon to mature the contract was pulmonary tuberculosis. There is evidence that appellee became afflicted therewith during the life of...

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