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HARRIS v. UNITED STATES

No. 7458.

80 F.2d 612 (1935)

HARRIS v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

December 6, 1935.

Attorney(s) appearing for the Case

A. L. Merrill and R. D. Merrill, both of Pocatello, Idaho, and Jess Hawley and Oscar W. Worthwine, both of Boise, Idaho, for appellant.

John A. Carver, U. S. Atty., of Boise, Idaho, Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., and Wilbur C. Pickett and Fendall Marbury, Sp. Assts. to Atty. General, for the United States.

Before WILBUR, DENMAN, and HANEY, Circuit Judges.

WILBUR, Circuit Judge.

During the pendency of this action on appeal, Congress adopted a Joint Resolution (January 28, 1935 [38 U.S.C.A. § 445c]) retroactive to July 3, 1930, and applying to all pending cases, to the effect "that a denial of a claim based upon a War Risk Insurance policy by the administrator of Veterans' Affairs, or any employee or agency of the Veterans' Administration heretofore or hereafter designated therefor by the administrator, shall constitute...

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