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MASON v. UNITED STATES

No. 9979.

75 F.2d 54 (1934)

MASON v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied February 6, 1935.

Attorney(s) appearing for the Case

Oscar J. Mudd, of St. Louis, Mo. (Stanley Wallach and Foristel, Mudd, Blair & Habenicht, all of St. Louis, Mo., on the brief), for appellant.

J. Gregory Bruce, Atty., Department of Justice, of Washington, D. C. (Harry C. Blanton, U. S. Atty., of Sikeston, Mo., Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Irwin Sale, Asst. U. S. Atty., of St. Louis, Mo., on the brief), for the United States.

Before STONE, GARDNER, and VAN VALKENBURGH, Circuit Judges.

STONE, Circuit Judge.

This is a war risk insurance case. Jury was waived, and judgment was entered for the United States on the finding by the court that the plaintiff was totally and permanently disabled at the time he applied for and was issued the insurance contract.

Appellant was inducted into the service August 31, 1918; was granted an insurance contract September 7, 1918; honorably discharged November 26, 1918. The insurance contract lapsed on March...

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