SHEPANEK v. UNITED STATES

No. 7801.

124 F.2d 747 (1941)

SHEPANEK v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

December 13, 1941.


Attorney(s) appearing for the Case

Julius C. Martin, Asst. Atty. Gen., and J. Albert Woll, U. S. Atty., and William M. Lytle, Atty., Department of Justice, both of Chicago, Ill., and Wilbur C. Pickett and Fendall Marbury, Attys., Department of Justice, both of Washington, D. C., for appellant.

Morton John Barnard and Edward H. S. Martin, both of Chicago, Ill., for appellee.

Before EVANS, MAJOR, and MINTON, Circuit Judges.


MAJOR, Circuit Judge.

This is an appeal from a judgment, entered June 2, 1941, in an action to recover on a War Risk Term Insurance contract. The suit was instituted on December 30, 1938, by the Administratrix of the insured's estate, and beneficiary named in the insurance contract.

An amended complaint was filed April 9, 1941, which alleged in effect that the insurance lapsed January 1, 1919, for nonpayment of premiums, that the insured died December 23,...

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