RAY v. UNITED STATES

No. 7391.

121 F.2d 416 (1941)

RAY v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

June 25, 1941.


Attorney(s) appearing for the Case

B. Howard Caughran, U. S. Dist. Atty., of Indianapolis, Ind., Julius C. Martin, Asst. Atty. Gen., and Fendall Marbury and Wilbur C. Pickett, both of Washington, D. C., for appellant.

Frank C. Wade, of Terre Haute, Ind., for appellee.

Before SPARKS and KERNER, Circuit Judges, and LINDLEY, District Judge.


SPARKS, Circuit Judge.

The Government appeals from a judgment for refund of premiums paid by the insured on a war risk insurance policy rescinded by it on the ground of fraud in the application for reinstatement. The suit was brought by the beneficiary of the policy and the administratrix of the estate of the deceased insured. The bill of complaint was in the alternative, to recover the face amount of the policy, or to recover the amount of premiums paid in by the...

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