UNITED STATES v. HORN

No. 3715.

73 F.2d 770 (1934)

UNITED STATES v. HORN.

Circuit Court of Appeals, Fourth Circuit.

November 19, 1934.


Attorney(s) appearing for the Case

George I. Neal, U. S. Atty., of Huntington, W. Va. (Will G. Beardslee, Director, Bureau of War Risk Litigation, and Young M. Smith, Atty., Department of Justice, both of Washington, D. C., on the brief), for the United States.

James Damron, of Huntington, W. Va., for appellee.

Before NORTHCOTT and SOPER, Circuit Judges, and MYERS, District Judge.


NORTHCOTT, Circuit Judge.

Appellee, herein referred to as the plaintiff, brought this action at law against the United States, herein referred to as the defendant, to recover for a total and permanent disability benefit under a war risk insurance policy issued to one Don Austin while in the military service of the United States. Austin enlisted in the army on April 1, 1918, and on April 2d, the day following his enlistment, he applied for and was issued a contract...

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