UNITED STATES v. DICKSON

No. 8513.

92 F.2d 459 (1937)

UNITED STATES v. DICKSON.

Circuit Court of Appeals, Fifth Circuit.

November 3, 1937.


Attorney(s) appearing for the Case

Keith L. Seegmiller, Atty., Department of Justice, and Julius C. Martin, Director, Bureau of War Risk Litigation, both of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Thomas E. Walsh, Atty., Department of Justice, of Washington, D. C., and Lawrence S. Camp, U. S. Atty., and A. Sidney Camp, Asst. U. S. Atty., both of Atlanta, Ga., for the United States.

John T. Dennis, of Atlanta, Ga., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

The suit was on a United States government 5-year convertible term war risk policy, effective July 21, 1927, and in force by payment of premiums until 1932. The claim was that before the policy lapsed for nonpayment of premiums plaintiff was and became totally and permanently disabled within the policy terms. The defense was a general denial.

The District Judge thought that the questions the record raised as to the nature and extent...

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