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McCLURE v. UNITED STATES

No. 8596.

95 F.2d 744 (1938)

McCLURE v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

March 28, 1938.

Attorney(s) appearing for the Case

Graham K. Betts, of Seattle, Wash., and Alan G. Paine and Post, Russell, Davis & Paine, all of Spokane, Wash., for appellant.

James M. Simpson, U. S. Atty., and S. R. Clegg, Asst. U. S. Atty., both of Spokane, Wash., and Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., and Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Newman A. Townsend, Sp. Atty., and Keith L. Seegmiller, Atty., Department of Justice, both of Washington, D. C., and George R. Stuntz, Atty., Department of Justice, of Seattle, Wash.

Before WILBUR, DENMAN, and STEPHENS, Circuit Judges.

WILBUR, Circuit Judge.

This action was brought by John F. McClure, who claimed that he had become totally and permanently disabled and was entitled to recover upon his war risk insurance. Subsequently he died, and the action was continued by his widow as administratrix of his estate, and individually. The action is predicated upon section 305 of the World War Veterans' Act of 1924, 43 Stat. 607, 626, as amended, 38 U.S.C.A. § 516.

The case was tried without...

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