HUNTER v. UNITED STATES

No. 8619.

94 F.2d 194 (1938)

HUNTER v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

January 25, 1938.


Attorney(s) appearing for the Case

Edward S. Hemphill, of Jacksonville, Fla., for appellant.

Herbert S. Phillips, U. S. Atty., of Tampa, Fla., and Wm. A. Paisley, Asst. U. S. Atty., of Jacksonville, Fla., for the United States.

Before SIBLEY, HUTCHESON and HOLMES, Circuit Judges.


HUTCHESON, Circuit Judge.

Appellant's suit on a converted war risk policy resulted in an instructed verdict against him. As originally brought in 1933, his suit declared that his policy matured by reason of permanent and total disability commencing during the month of October, 1930, as the result of pulmonary tuberculosis.

Before the case went to trial, he amended his petition to allege that the disability arose prior to January, 1932. This was the date when...

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