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GALLOWAY v. UNITED STATES

No. 10023.

130 F.2d 467 (1942)

GALLOWAY v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

September 1, 1942.

Attorney(s) appearing for the Case

Alvin Gerlack, of San Francisco, Cal., for appellant.

Frank J. Hennessy, U. S. Atty., and Thomas C. Lynch, Asst. U. S. Atty., both of San Francisco, Cal., and Daniel Dillon, Atty., Department of Justice, of Los Angeles, Cal. (Julius C. Martin, Director, Bureau of War Risk Litigation, Wilbur C. Pickett, and Thomas E. Walsh, Attys., Department of Justice, all of Washington, D. C., of counsel), for appellee.

Before GARRECHT and HANEY, Circuit Judges, and ST. SURE, District Judge.

GARRECHT, Circuit Judge.

Joseph Galloway entered the United States Army in November, 1917, and was honorably discharged April 29, 1919. On or about February 1, 1918, Galloway applied for, and was granted, a policy of war risk insurance in the face amount of $10,000, on which he paid the premiums to include the month of April, 1919, and which finally lapsed for non-payment of premium on May 31, 1919. On February 11, 1932, Freda Galloway, wife of Joseph Galloway, was...

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