UNITED STATES v. COLLINS

No. 3349.

61 F.2d 1002 (1932)

UNITED STATES v. COLLINS.

Circuit Court of Appeals, Fourth Circuit.

November 28, 1932.


Attorney(s) appearing for the Case

Okey P. Keadle, Asst. U. S. Atty., of Huntington, W. Va. (David D. Ashworth, U. S. Atty., of Beckley, W. Va., and Lawrence A. Lawlor, Atty., Veterans' Administration, of Washington, D. C., on the brief), for the United States.

Lively & Stambaugh, of Charleston, W. Va., for appellee.

Before PARKER and SOPER, Circuit Judges, and CHESNUT, District Judge.


CHESNUT, District Judge.

In this case the government appeals from an adverse judgment in a suit by the plaintiff (now the appellee) on a war risk insurance policy. The sole question presented is whether, prior to the institution of the suit, there existed a "disagreement" as to the claim between the Veterans' Bureau and the plaintiff, which is a necessary condition precedent to the maintenance of the suit, under the applicable statute. 38 US CA § 445.

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