LONG v. UNITED STATES

No. 3268.

59 F.2d 602 (1932)

LONG v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

June 13, 1932.


Attorney(s) appearing for the Case

W. D. Workman, of Greenville, S. C., for appellant.

John M. George, Insurance Atty., U. S. Veterans' Administration, of Richmond, Va. (Joseph A. Tolbert, U. S. Atty., of Greenville, S. C., William Wolff Smith, Sp. Counsel on Insurance Claims, Veterans' Administration, Annabel Hinderliter, and B. Y. Martin, Attys. Veterans' Administration, all of Washington, D. C., on the brief), for the United States.

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


PARKER, Circuit Judge.

This is an appeal in an action instituted on a policy of war risk insurance. The insured was discharged from the army on March 29, 1919, and paid no further premium on the policy, which, according to its terms, lapsed shortly thereafter. Recovery is sought on the theory that at the time of his discharge insured was totally and permanently disabled as a result of pulmonary tuberculosis and that this condition continued up to the time of the trial...

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