THOMAS v. UNITED STATES

No. 8464.

92 F.2d 929 (1937)

THOMAS v. UNITED STATES.

Circuit Court of Appeal, Fifth Circuit.

December 2, 1937.


Attorney(s) appearing for the Case

John Eliot Feagin, of Atlanta, Ga., and John J. McCreary, of Macon, Ga., for appellant.

Keith L. Seegmiller, Atty., Department of Justice, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., Julius C. Martin, Director of War Risk Litigation, of Washington, D. C., and T. Hoyt Davis, U. S. Atty., and H. Grady Rawls, Asst. U. S. Atty., both of Macon, Ga.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.


HUTCHESON, Circuit Judge.

The suit was for permanent disability benefits under a yearly renewal term war risk insurance policy. The claim was that on March 7, 1927, while his policy was in full force and effect by payment of premiums, plaintiff (as the result of an injury on June 12, 1925, to his right leg, and subsequent treatment and operation therefor) was and became permanently and totally disabled within the meaning of the policy.

The defense was that...

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