MACK v. UNITED STATES

No. 5427.

28 F.2d 602 (1928)

MACK v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

October 24, 1928.


Attorney(s) appearing for the Case

Paul T. Chance, of Augusta, Ga., for appellant.

Chas. L. Redding, U. S. Atty., of Savannah, Ga.

Before WALKER and BRYAN, Circuit Judges, and DAWKINS, District Judge.


WALKER, Circuit Judge.

This was an action on a war risk insurance policy or certificate by the appellant, the widow of the deceased soldier to whom the policy or certificate was issued to recover the amount of installments subsequent to the discontinuance in November, 1923, of the payment of installments to appellant. Appellee's amended answer to the petition contained the following:

"Further answering defendant avers that under the provisions contained in...

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