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UNITED STATES v. MYERS

No. 14929.

213 F.2d 223 (1954)

UNITED STATES v. MYERS.

United States Court of Appeals Eighth Circuit.

June 4, 1954.

Attorney(s) appearing for the Case

Robert E. Brauer, Asst. U. S. Atty., St. Louis, Mo. (Warren E. Burger, Asst. Atty. Gen., Harry Richards, U. S. Atty., St. Louis, Mo., and Samuel D. Slade and Russell Chapin, Attorneys, Department of Justice, Washington, D. C., on the brief), for appellant.

Daniel Heagney, St. Louis, Mo. (Henderson & Heagney, St. Louis, Mo., on the brief), for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and THOMAS, Circuit Judges.

THOMAS, Circuit Judge.

This is an appeal by the United States of America from a judgment for William H. Myers, plaintiff-appellee. A National Service Life Insurance Policy for $10,000 had been issued to Myers while he was a soldier in the army. He was discharged from the army on December 31, 1945, and one month thereafter the policy lapsed for non-payment of premiums. In this action Myers sought to have the policy declared to be in force with premiums waived on the...

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