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UNITED STATES v. TUCKER

No. 3888.

78 F.2d 503 (1935)

UNITED STATES v. TUCKER.

Circuit Court of Appeals, Fourth Circuit.

June 21, 1935.

Attorney(s) appearing for the Case

Charles M. Love, Jr., Asst. U. S. Atty., of Charleston, W. Va., and Young M. Smith, Atty., Department of Justice, of Washington, D. C. (George I. Neal, U. S. Atty., of Huntington, W. Va., Will G. Beardslee, Director, Bureau of War Risk Litigation, and Armistead L. Boothe, Atty., Department of Justice, both of Washington, D. C., on the brief), for appellant.

J. D. Jones, of Glenville, W. Va., and R. E. O'Connor, of Charleston, W. Va., for appellee.

Before SOPER, Circuit Judge, and WATKINS and CHESNUT, District Judges.

PER CURIAM.

This suit is based on a policy of war risk insurance issued to James O. Tucker while in the military service of the United States. The policy lapsed on October 31, 1919, unless on or before that date, the insured was permanently and totally disabled. It was admitted that at the time of the trial, the insured was permanently and totally disabled by reason of insanity. His trouble was diagnosed as paranoia in 1928 when he was first treated for the disease...

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