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MASON v. UNITED STATES

No. 181.

63 F.2d 791 (1933)

MASON v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

March 6, 1933.

Attorney(s) appearing for the Case

Harry B. Amey, U. S. Atty., of Burlington, Vt., Allen Martin, Asst. U. S. Atty., of Essex Junction, Vt., C. L. Dawson and Davis G. Arnold, both of Washington, D. C., and William J. Hession, of Boston, Mass.

Marcell Conway, of Barre, Vt. (Willsie E. Brisbin and William J. Brown, both of Barre, Vt., on the brief), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

In January, 1932, the plaintiff brought suit against the United States to recover upon a policy of war risk insurance. This insurance had lapsed on February 28, 1919. To justify recovery, the plaintiff was obliged to prove that prior to that date he sustained "permanent total disability" within the meaning of those words as used in war risk insurance contracts. Regulations issued by the Bureau of War Risk Insurance pursuant to statutory authority...

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