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DUKES v. UNITED STATES

No. 3476.

66 F.2d 73 (1933)

DUKES et al. v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

June 24, 1933.

Attorney(s) appearing for the Case

H. C. Blackwell, of Fayetteville, N. C. (Robert H. McNeill, of Washington, D. C., and H. Woodward Winburn, of Greensboro, N. C., on the brief), for appellants.

W. H. Fisher, U. S. Atty., of Wilmington, N. C. (J. D. De Ramus, Chief Atty., and T. P. Regan, Atty., Veterans' Administration, both of Charlotte, N. C., on the brief), for the United States.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PER CURIAM.

This is an appeal in a war risk insurance case in which verdict was directed for the government. Question is raised as to whether the total and permanent disability relied on must be shown to have existed in August, 1918, when the insured ceased paying premiums, or in April, 1920, when compensation dating back to the time of his discharge was awarded. It is not necessary to decide this question, however, as we are of opinion that at neither time was insured...

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