UNITED STATES v. SMART

No. 8158.

87 F.2d 1 (1936)

UNITED STATES v. SMART.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 12, 1937.


Attorney(s) appearing for the Case

Fendall Marbury and Wilbur C. Pickett, Sp. Assts. to the Atty. Gen., Keith L. Seegmiller, Atty., Department of Justice, and Julius C. Martin, Director, Bureau of War Risk, both of Washington, D. C., Thos. D. Samford, U. S. Atty., of Montgomery, Ala., and Allen Crenshaw, Atty., Department of Justice, of Birmingham, Ala.

Albert J. Pickett, Jr., of Montgomery, Ala., and John C. Walters, of Troy, Ala., for appellee.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.


HOLMES, Circuit Judge.

Appellee filed his petition in the court below to recover total and permanent disability benefits under a policy of war risk insurance on the basis of alleged mental incapacity occurring prior to May 31, 1919, the last date on which disability would have matured the policy. Both lay and medical testimony was introduced on the trial, and, without material conflict, it appears that appellant is constitutionally...

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