SAUER v. UNITED STATES

Civ. A. No. 5432.

119 F.Supp. 137 (1954)

SAUER v. UNITED STATES.

United States District Court E. D. Wisconsin.

January 23, 1954.


Attorney(s) appearing for the Case

Michael D. Preston, Milwaukee, Wis., for plaintiff.

Howard Hilgendorf, Asst. U. S. Atty., Timothy T. Cronin, U. S. Atty., Milwaukee, Wis., for defendant.


TEHAN, District Judge.

This is an action to recover on a policy of national service life insurance, which lapsed prior to the death of the insured on account of non-payment of premiums, the issue being whether the insured was totally disabled on July 21, 1946 (at which time the policy we have found was still in effect).

Section 602(n) of the National Service Life Insurance Act of 1940, as amended, 38 U.S.C.A. § 802(n), provides that

"(n) Upon...

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