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UNITED STATES v. KEARNS

No. 2090.

115 F.2d 552 (1940)

UNITED STATES v. KEARNS et al.

Circuit Court of Appeals, Tenth Circuit.

November 12, 1940.

Attorney(s) appearing for the Case

Keith L. Seegmiller, of Washington, D. C. (Charles E. Dierker, U. S. Atty., of Oklahoma City, Okl., Charles L. Chalender, Atty., Dept. of Justice, of Kansas City, Mo., Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D.C., and Wilbur C. Pickett, Sp. Asst. to Atty. Gen., on the brief), for appellant.

Benjamin E. Cook, of Ponca City, Okl., for appellees.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

Plaintiffs seek recovery under a policy of war risk insurance admittedly lapsed for non-payment of premiums due April 1, 1919, unless kept in force by the provisions of § 516, 38 U.S.C.A.

Roy H. Kearns entered the military service of the United States May 21, 1918, and was honorably discharged March 29, 1919. While in the service he applied for and was granted a term insurance contract by the government, in the sum of $10,000, effective...

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