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UNITED STATES v. O'DANIEL

No. 7500.

73 F.2d 886 (1934)

UNITED STATES v. O'DANIEL.

Circuit Court of Appeals, Fifth Circuit.

December 8, 1934.

Attorney(s) appearing for the Case

Young M. Smith, Atty., Department of Justice, of Washington, D. C., S. D. Bennett, U. S. Atty., of Beaumont, Tex., and D. Vance Swann, Atty., Veterans' Administration, of Dallas, Tex.

C. A. Matthaei, of Dallas, Tex., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

Plaintiff, suing in 1931 on a war risk insurance policy, alleged that he is and has been since his discharge in December, 1918, totally and permanently disabled as the result of an assortment of disabilities and inflictions, formidable in name and formidable in fact, if severe enough in onset, to totally disable, if not completely prostrate, an ordinary man.1

Defendant joined issue as to the totality,...

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