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THATENHORST v. UNITED STATES

No. 2173.

119 F.2d 567 (1941)

THATENHORST v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

March 31, 1941.

Attorney(s) appearing for the Case

Lawrence E. Goldman, of Kansas City, Mo. (Richard H. Koenigsdorf, of Kansas City, Mo., on the brief) for appellant.

Keith L. Seegmiller, of Washington, D. C., Atty., Department of Justice (Summerfield S. Alexander, U. S. Atty., of Topeka, Kan., Julius C. Martin, Director Bureau of War Risk Litigation, and Fendall Marbury, Sp. Asst., Department of Justice, both of Washington, D. C., Charles L. Chalendar, of Kansas City, Mo., and Kenneth E. Spencer, of Washington, D. C., Attys., Department of Justice, on the brief), for appellee.

Before BRATTON and MURRAH, Circuit Judges, and KENNAMER, District Judge.

MURRAH, Circuit Judge.

The appellant enlisted in the United States Army on September 3, 1917. While in the service, he was granted $10,000 war risk insurance which lapsed for nonpayment of premium on October 2, 1919, unless the same matured by reason of the permanent and total disability of the appellant on or before the above-mentioned date.

The sole question presented by this appeal is whether the appellant became permanently and totally disabled on or before...

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