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UNITED STATES v. PROTSCH

No. 2656.

137 F.2d 92 (1943)

UNITED STATES v. PROTSCH et al.

Circuit Court of Appeals, Tenth Circuit.

June 21, 1943.

Attorney(s) appearing for the Case

Keith L. Seegmiller, Department of Justice, of Washington, D. C. (George H. West, U. S. Atty., of Topeka, Kan., Francis M. Shea, Asst. Atty. Gen., Lester P. Schoene, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to the Atty. Gen., and Charles L. Chalender, Department of Justice, of Springfield, Mo., on the brief), for appellant.

Robert E. Russell, of Topeka, Kan. (Clayton E. Kline, M. F. Cosgrove, Balfour S. Jeffrey, and C. A. Magaw, all of Topeka, Kan., and Harry Frazee of Little Rock, Ark., on the brief), for appellees.

Before BRATTON, HUXMAN, and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

This is a suit by the beneficiary to recover the face amount of a world war risk insurance policy, issued by the Government on the life of a veteran, Jack Kall Meinertz. The policy was issued on June 1, 1927, and lapsed for nonpayment of premiums on November 18, 1930, unless the insured became totally and permanently disabled on or before that date. The insured died on February 3, 1932, without claiming any benefits under the policy, and the...

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