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UNITED STATES v. BRUNDAGE

Nos. 9300, 9377.

136 F.2d 206 (1943)

UNITED STATES v. BRUNDAGE. BRUNDAGE v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

June 2, 1943.

Attorney(s) appearing for the Case

Keith L. Seegmiller, of Washington, D. C. (John C. Lehr, and Francis X. Norris, both of Detroit, Mich., William M. Lytle, of Chicago, Ill., and Francis M. Shea, Lester P. Schoene, Wilbur C. Pickett, and Fendall Marbury, all of Washington, D. C., on the brief), for the United States.

Warren E. Miller, of Washington, D. C. (Vincent E. Schoeck, of Marianna, Ark., on the brief), for Brundage.

Before HICKS, ALLEN, and McALLISTER, Circuit Judges.

ALLEN, Circuit Judge.

William James Smith brought an action to recover upon a United States Government Life Insurance policy in the amount of $10,000. He had secured a War Risk policy in 1918 which expired for non-payment of premiums May 31, 1919. In accordance with the statute this policy was reinstated and converted into an ordinary life insurance policy December 1, 1926. May 1, 1930, the amount of the policy was reduced from $10,000 to $5,000. The policy lapsed...

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