UNITED STATES v. SMITH

No. 9563.

117 F.2d 911 (1941)

UNITED STATES v. SMITH.

Circuit Court of Appeals, Ninth Circuit.

February 15, 1941.


Attorney(s) appearing for the Case

Carl C. Donaugh, U. S. Atty., of Portland, Or., and Julius C. Martin, Director, Bureau of War Risk Litigation, Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Thomas E. Walsh, Atty., Dept. of Justice, all of Washington, D. C., for appellant.

Allan A. Bynon, of Portland, Or., for appellee.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.


HEALY, Circuit Judge.

The suit is on a policy of war risk insurance issued to appellee's ward, insuring against death or total permanent disability occurring during the life of the policy. 38 U.S.C.A. § 445. The trial below resulted in a verdict and judgment against the United States.

The insurance lapsed for nonpayment of premiums on December 31, 1919, unless on or prior to that date the insured became totally and permanently disabled within the meaning...

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