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SMITH v. UNITED STATES

No. 742.

292 U.S. 337 (1934)

54 S.Ct. 721

78 L.Ed. 1295

SMITH v. UNITED STATES.

Supreme Court of United States.

Decided May 21, 1934.

Attorney(s) appearing for the Case

Mr. James J. Crossley for petitioner.

Mr. Will G. Beardslee, with whom Solicitor General Biggs, Assistant to the Attorney General Stanley, and Messrs. Wilbur C. Pickett and W. Marvin Smith were on the brief, for the United States.

MR. JUSTICE McREYNOLDS delivered the opinion of the Court.

By complaint filed in the District Court for Oregon, May 22, 1929, petitioner sought judgment against the United States for benefits said to have accrued to her under War Risk Insurance taken out by her son, Elias Melvin Zimmerman, in 1917. While enlisted in the Naval Service he died aboard the U.S.S. "Conestoga" June 30, 1921.

The United States denied liability upon the ground that the policy lapsed...

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