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UNITED STATES v. JACKSON

No. 4120.

89 F.2d 572 (1937)

UNITED STATES v. JACKSON.

Circuit Court of Appeals, Fourth Circuit.

April 6, 1937.

Attorney(s) appearing for the Case

Young M. Smith, Atty., Department of Justice, of Washington, D. C., and S. Henry Edmunds, Jr., Asst. U. S. Atty., of Charleston, S. C. (Claud N. Sapp, U. S. Atty., of Columbia, S. C., Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., and Wilbur C. Pickett, Sp. Asst. to Atty. Gen., on the brief), for the United States.

R. K. Wise, of Columbia, S. C., and Warren E. Miller, of Washington, D. C. (Anderson G. Ulmer and A. W. Dowell, both of Savannah, Ga., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

SOPER, Circuit Judge.

Ben B. Jackson, minor son and only child of a Negro veteran of the World War, brought suit through his guardian against the United States in the District Court for automatic insurance benefits of $25 per month under the terms of section 401 of the War Risk Insurance Act, as amended October 6, 1917, § 2, 40 Stat. 409. Jake Jackson, the soldier, was drafted into the Army on April 27, 1918, and died on May 11, 1918, without having applied for...

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