LARSEN v. UNITED STATES

No. 423.

29 F.2d 847 (1928)

LARSEN v. UNITED STATES.

District Court, D. Arizona.

December 14, 1928.


Attorney(s) appearing for the Case

Wm. R. Misbaugh and F. W. Fickett, Jr., both of Tucson, Ariz., for plaintiff.

John B. Wright, U. S. Atty., of Tucson, Ariz., and B. E. Marks, Asst. U. S. Atty., and J. P. Gross, Regional Attorney, Veterans' Bureau, both of Phœnix, Ariz., B. L. Guffy, Special Counsel for Veterans' Bureau, of Washington, D. C., and L. B. Dunn, Special Counsel, for Veterans' Bureau, of Washington, D. C., for the United States.


NETERER, District Judge (after stating the facts as above).

There can be no doubt as to the fact that the deceased was totally and permanently disabled on the date of his discharge. This condition matured the policy, and he became entitled to the payment of 240 monthly installments of $57.50 each from the date of discharge.

Is the plaintiff estopped by the assertion of the equitable defense by the application of the deceased for reinstatement of $2,000 of...

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