UNITED STATES v. MESSINGER

No. 3526.

68 F.2d 234 (1934)

UNITED STATES v. MESSINGER.

Circuit Court of Appeals, Fourth Circuit.

January 4, 1934.


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 Thomas E. Walsh, Chief Atty., U. S. Veterans' Administration, of Washington, D. C., on the brief), for the United States.

Samuel Biern, of Huntington, W. Va., for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.


PARKER, Circuit Judge.

This is an appeal in a war risk insurance case in which there was a verdict and judgment for the plaintiff. Insured was discharged from the Army in 1919 and paid premiums on his policy until March, 1920. He had had attacks of pneumonia and influenza while in the Army, and was unquestionably suffering from pulmonary tuberculosis at the time of his discharge. He died of tuberculosis in 1931. The question in the case was whether the disease had...

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