UNITED STATES v. BREWER

No. 8775.

97 F.2d 899 (1938)

UNITED STATES v. BREWER.

Circuit Court of Appeals, Fifth Circuit.

July 5, 1938.


Attorney(s) appearing for the Case

Thomas E. Walsh, Atty., Department of Justice, Washington, D. C., and Toxey Hall, U. S. Atty., of Jackson, Miss., for the United States.

Nate S. Williamson and J. A. Riddell, both of Meridian, Miss., for appellee.

Before FOSTER, SIBLEY and HOLMES, Circuit Judges.


SIBLEY, Circuit Judge.

William Henry Brewer was discharged from the army Jan. 17, 1919, having broken three ribs, causing pneumonia which had resulted in an empyema in the right lung which was still discharging through a drain tube. He ceased paying premiums in May following but made no claim of total and permanent disability until 1930, and testifies that he first felt entitled to claim his insurance in 1925. The empyema caused a fibrosis, or hardening in the upper...

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