UNITED STATES v. McCAIN

No. 2184.

118 F.2d 479 (1941)

UNITED STATES v. McCAIN.

Circuit Court of Appeals, Tenth Circuit.

March 18, 1941.


Attorney(s) appearing for the Case

Thomas E. Walsh, of Washington, D. C. (Summerfield S. Alexander, U. S. Atty., of Topeka, Kan., Julius C. Martin, Director, Bureau of War Risk Litigation, and Wilbur C. Pickett, Sp. Asst. to the Atty. Gen., both of Washington, D. C., Charles L. Chalender, Atty., Department of Justice, of Kansas City, Mo., and Keith L. Seegmiller, Atty., Department of Justice, of Washington, D. C., on the brief), for appellant.

Peter F. Caldwell, of Topeka, Kan. (J. D. M. Hamilton and Barton E. Griffith, both of Topeka, Kan., on the brief), for appellee.

Before PHILLIPS, MURRAH, and WILLIAMS, Circuit Judges.


MURRAH, Circuit Judge.

The plaintiff, now appellee, brought this suit under the total and permanent disability provisions of a war risk insurance policy issued to him while in the military service of the United States. The policy lapsed for non-payment of premium on May 31, 1919.

The question presented is: was he totally and permanently disabled within the meaning and the terms of the policy on or before that date. The trial court so found and adjudged. The...

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