BYERS, District Judge.
This is an action upon a National Service Life Insurance policy, in which recovery is contested upon the ground of fraud practiced by the insured in procuring reinstatement, following lapse of prior insurance.
A jury trial was waived and the issues have been submitted pursuant to a stipulation from which the following are quoted:
"III. That John Joseph Ronayne, hereinafter referred to as the insured, while in the military service...
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