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STULCE v. UNITED STATES

No. 12186.

128 F.2d 327 (1942)

STULCE et al. v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied May 19, 1942.

Attorney(s) appearing for the Case

William L. Mason, Jr., of St. Louis, Mo. (Vincent M. Flynn, of St. Louis, Mo., on the brief), for appellants.

David A. Turner, of Washington, D. C., Atty., Department of Justice (Harry C. Blanton, U. S. Atty., of St. Louis, Mo., Julius C. Martin, Director, Bureau of War Risk Litigation, Wilbur C. Pickett, and Keith L. Seegmiller, all of Washington, D. C., Attys., Department of Justice, on the brief), for appellee.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.

WOODROUGH, Circuit Judge.

This appeal is to reverse a judgment in a suit upon a war risk insurance policy which dismissed the petition of the parents of the deceased veteran, the beneficiaries under the policy, for want of jurisdiction of the action.

It was alleged in the petition that no lapse of the policy had resulted from the veteran's failure to pay premium due June 1, 1919, because he had prior to that time become totally and permanently disabled and...

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