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SHANNON v. UNITED STATES

No. 11585.

206 F.2d 479 (1953)

SHANNON v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided July 2, 1953.

Attorney(s) appearing for the Case

Mr. C. Brewster Chapman, Jr., Washington, D. C., for appellant. (Appointed by the Court.)

Mr. Peter C. Charuhas, Washington, D. C., with whom Mr. Charles M. Irelan, U. S. Atty., Washington, D. C., at the time of argument, was on the brief for appellee. Mr. Joseph M. Howard, Asst. U. S. Atty., Washington, D. C., at the time record was filed, also entered an appearance for appellee.

Before WILBUR K. MILLER, BAZELON and WASHINGTON, Circuit Judges.

BAZELON, Circuit Judge.

Appellant's claim as contingent beneficiary under a National Service Life Insurance policy was denied by the District Court on the ground that the policy had lapsed for non-payment of premiums and hence was not in force on the date of the insured's death.1 On September 23, 1945, while on duty in the Philippines, insured was marked AWOL (absent without leave) from his Army unit and was still classed AWOL when found...

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