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DYE v. UNITED STATES

No. 2340.

123 F.2d 385 (1941)

DYE v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

October 29, 1941.

Attorney(s) appearing for the Case

J. J. Bruce and H. McK. Rowan, both of Oklahoma City, Okl., for appellant.

Thomas E. Walsh, of Washington, D. C. (Julius C. Martin, of Washington, D. C., Director, Bureau of War Risk Litigation, Cleon A. Summers, U. S. Atty., and William H. Landram, Asst. U. S. Atty., both of Muskogee, Okl., and Charles L. Chalender, of Kansas City, Mo., Atty., Department of Justice, on the brief), for appellee.

Before PHILLIPS, MURRAH, and WILLIAMS, Circuit Judges.

MURRAH, Circuit Judge.

The trial court denied recovery on this suit by the appellant, as administratrix of the estate of Jerry M. Booker, for the proceeds of a world war risk insurance policy. The insurance contract was issued to Jerry M. Booker while he was in the military service of the United States and lapsed for non-payment of premiums on April 1, 1919, unless he was totally and permanently disabled as defined by the terms of the policy on that date. By agreement...

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