UNITED STATES v. HENDRICKSON

No. 430.

53 F.2d 797 (1931)

UNITED STATES v. HENDRICKSON.

Circuit Court of Appeals, Tenth Circuit.

November 18, 1931.


Attorney(s) appearing for the Case

Richard A. Toomey, of Denver, Colo. (Hugh B. Woodward, U. S. Atty., Gilberto Espinosa, Asst. U. S. Atty., and W. F. Cheek, Regional Atty., U. S. Veterans' Bureau, all of Albuquerque, N. M., on the brief), for the United States.

M. Ralph Brown, of Albuquerque, N. M. (Charles A. Reynolds, of Seattle, Wash., and George F. Anderson, on the brief), for appellee.

Before LEWIS and McDERMOTT, Circuit Judges, and JOHNSON, District Judge.


McDERMOTT, Circuit Judge.

A jury found that the appellee has been permanently and totally disabled, within the meaning of his policy of war risk insurance, since February 2, 1920. No complaint is made of that finding; the only question presented here is whether or not the controversy is one over which the courts have jurisdiction.

The appellee paid his premiums in cash until his discharge from the army in February, 1919. He was then suffering from a compensable...

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