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UNITED STATES v. BARNETTE

No. 8408.

91 F.2d 10 (1937)

UNITED STATES v. BARNETTE.

Circuit Court of Appeals, Fifth Circuit.

June 30, 1937.

Attorney(s) appearing for the Case

Fendall Marbury and Wilbur C. Pickett, Sp. Assts. to Atty. Gen., Young M. Smith, Atty., Department of Justice, of Washington, D. C., Julius C. Martin, Dr. of Bur. War Risk Litigation, of Washington, D. C., Harvey G. Fields, U. S. Atty., and J. Fair Hardin, Asst. U. S. Atty., both of Shreveport, La., for the United States.

James Madison, of Bastrop, La., and H. F. Madison, Jr., of Monroe, La., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit was on a war risk contract for the benefits it provided for total and permanent disability. The claim was that the veteran was totally and permanently disabled in 1919 when he was discharged. The defenses to the suit were two: (1) To the jurisdiction, because not filed in time; (2) to the merits, for failure of proof. The District Judge tried the jurisdictional question and determined it in plaintiff's favor. Over the objection of...

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