UNITED STATES v. GWIN

Nos. 6310, 6337, 6415.

68 F.2d 124 (1933)

UNITED STATES v. GWIN. SINGLETON v. UNITED STATES. UNITED STATES v. HENNING.

Circuit Court of Appeals, Sixth Circuit.

December 15, 1933.


Attorney(s) appearing for the Case

No. 6310:

Claude Hudgins, of Louisville, Ky., and W. C. Pickett, of Washington, D. C. (Frank A. Ropke, Geo. R. Brown, Jr., and T. J. Sparks, all of Louisville, Ky., and Davis G. Arnold and C. L. Dawson, both of Washington, D. C., on the brief), for the United States.

Perry B. Miller, of Louisville, Ky. (Arthur C. Gunther, of Louisville, Ky., on the brief), for appellee.

No. 6337:

Charles L. Neely, of Memphis, Tenn. (Leslie Darden, on the brief), for appellant.

Joseph M. Bearman, of Memphis, Tenn. (William McClanahan and R. G. Draper, both of Memphis, Tenn., and C. L. Dawson, of Washington, D. C., on the brief) for the United States.

No. 6415:

Joseph M. Bearman, of Memphis, Tenn. (Dwyane D. Maddox and Bailey Walsh, both of Memphis, Tenn., and H. C. Murchison, of Jackson, Tenn., on the brief), for the United States.

Charles L. Neely, of Memphis, Tenn. (Mahlon M. Meeker, of Memphis, Tenn., on the brief), for appellee.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.


HICKENLOOPER, Circuit Judge.

Appeal No. 6310 is from a judgment for plaintiff in an action upon a policy of war risk insurance, the assertion of the right to recovery being predicated upon the claim that the insured, at the time of the alleged lapse of his policy, immediately following his discharge from the Army in 1919, was totally and permanently disabled, and that the policy had therefore matured before lapse. A jury was waived, the case was tried to the court...

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