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UNITED STATES v. CRAIG

No. 5570.

83 F.2d 361 (1936)

UNITED STATES v. CRAIG.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied May 12, 1936.

Attorney(s) appearing for the Case

Armistead L. Boothe, of Washington, D. C., Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., James R. Fleming, U. S. Atty., of Fort Wayne, Ind., Luther M. Swygert, Asst. U. S. Atty., of Hammond, Ind., Wilbur C. Pickett, Sp. Asst. to the Atty. Gen., Young M. Smith, Atty., Department of Justice, of Washington, D. C., and Randolph C. Shaw, Sp. Asst. to Atty. Gen., for the United States.

Clarence E. Benadum, of Muncie, Ind., for appellee.

Before EVANS and SPARKS, Circuit Judges, and BALTZELL, District Judge

EVANS, Circuit Judge.

Appellee brought this action to recover upon a war risk insurance contract, because of alleged total and permanent disability.

A disagreement between the parties as to the liability under the contract, prior to the institution of suit, is a jurisdictional requisite. 38 U.S.C.A. § 445. The complaint alleges that such a disagreement did exist prior to the filing of suit, and reliance therefor is upon a letter written by the Manager...

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