Gallardo v. United States

WILLIAMS, District Judge.

Plaintiff was inducted into service on September 4, 1918, and made application for Ms insurance on October 7,1918, witMn 120 days from the date of enlistment.

Section 401 of article 4 of the War Risk Insurance Act, as added by Act Oct. 6, 1917, § 2 (40 Stat. 409 [Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 514uu]), is as follows:

“That such insurance must be applied for within one hundred and twenty days after enlistment or after entrance into or employment in the active service and before discharge or resignation, except that those persons who are in the active war…