UNITED STATES v. D'ELIA

No. 4516.

47 F.2d 602 (1931)

UNITED STATES v. D'ELIA.

Circuit Court of Appeals, Third Circuit.

February 16, 1931.


Attorney(s) appearing for the Case

Louis E. Graham, U. S. Atty., and W. J. Aiken, Asst. U. S. Atty., both of Pittsburgh, Pa., James T. Brady, Asst. Gen. Counsel, U. S. Veteran's Bureau, of Washington, D. C., Vincent A. Baldauf, Regional Atty., U. S. Veteran's Bureau, of Pittsburgh, Pa., and Bayless L. Guffy, Atty. U. S. Veteran's Bureau, and C. L. Dawson, both of Washington, D. C., for the United States.

William Kaufman, of Pittsburgh, Pa., for appellee.

Before BUFFINGTON and DAVIS, Circuit Judges, and JOHNSON, District Judge.


DAVIS, Circuit Judge.

This is an appeal from a judgment of the District Court entered upon the verdict of a jury which found that the appellee, who was plaintiff below and will hereinafter be so designated, was totally and permanently disabled when he was discharged from the army, at which time his policy of war risk insurance was in force.

The plaintiff entered the army on October 6, 1917, and served as a private therein until April 7, 1919, when he was honorably...

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