UNITED STATES v. ATKINSON

No. 7517.

76 F.2d 564 (1935)

UNITED STATES v. ATKINSON.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 20, 1935.


Attorney(s) appearing for the Case

David A. Turner, Atty., Department of Justice, and W. R. Smith, Jr., U. S. Atty., both of San Antonio, Tex., and Walter S. Howe, Asst. U. S. Atty., of El Paso, Tex.

R. A. D. Morton, of El Paso, Tex., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

On April 28, 1934, plaintiff, who had kept all his premiums paid, brought this suit on a policy of government life insurance No. K 634242, into which on July 1, 1927, he had converted his war risk insurance policy, and which had, on July 1, 1932, been renewed for five years. He alleged that on January 1, 1928, he became totally and permanently disabled within the meaning both of the general terms of the policy, and of the particular definition...

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