ELLISON v. UNITED STATES

No. 1185.

76 F.2d 868 (1935)

ELLISON v. UNITED STATES

Circuit Court of Appeals, Tenth Circuit.

April 10, 1935.


Attorney(s) appearing for the Case

Harry F. Brown, of Guthrie, Okl. (Harry F. Blake, of Guthrie, Okl., on the brief), for appellant.

Randolph C. Shaw, Sp. Asst. to Atty. Gen. (Summerfield S. Alexander, U. S. Atty., and R. T. McCluggage, Asst. U. S. Atty., both of Topeka, Kan., and Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., on the brief), for the United States.

Before LEWIS, McDERMOTT, and BRATTON, Circuit Judges.


PER CURIAM.

In 1931 appellant discovered that he had been totally and permanently disabled since May, 1919; without explanation for the long delay, he brought this action upon his war risk insurance policy. The cause was tried without a jury, and this appeal rests upon the sole ground that the proof conclusively demonstrated his total and permanent disability.

His discharge from the Army, signed by appellant, recited that he received no wounds in the service...

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