UNITED STATES v. KELLY

No. 7098.

68 F.2d 312 (1934)

UNITED STATES v. KELLY.

Circuit Court of Appeals, Fifth Circuit.

January 6, 1934.


Attorney(s) appearing for the Case

Randolph C. Shaw, Sp. Asst. to Atty. Gen., Hal Lindsay, Asst. U. S. Atty., of Atlanta, Ga., and Vaux Owen, Atty., Veterans' Administration, of Atlanta, Ga., for appellant.

Thomas M. Stubbs, of Atlanta, Ga., for the United States.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.


FOSTER, Circuit Judge.

Appellee brought suit as guardian of her insane husband, James J. Kelly, to recover on a policy of war risk insurance issued to him while a soldier in the Army of the United States, on the ground that, though there was default in the payment of premiums thereafter, he had become totally and permanently disabled before his discharge from the army while the policy was in force. The jury was waived by written stipulation, under the provisions of...

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