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LEWIS v. UNITED STATES

No. 7160.

113 F.2d 489 (1940)

LEWIS v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

June 24, 1940.

Attorney(s) appearing for the Case

Arthur Roe, U. S. Atty., of Danville, Ill., Carl W. Feickert, Asst. U. S. Atty., of Belleville, Ill., Julius C. Martin, Director, Bureau of War Risk Litigation, Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Young M. Smith, Atty., Department of Justice, all of Washington, D. C., for appellant.

Philip H. Lewis, of Lawrenceville, Ill., and Samuel V. Jinkins, of Danville, Ill., for appellee.

Before SPARKS, MAJOR and TREANOR, Circuit Judges.

SPARKS, Circuit Judge.

This appeal from a judgment in favor of the plaintiff in a suit on a war risk insurance policy presents the single question whether there was any substantial evidence to support it. The case was presented to the court for determination, upon waiver of jury.

The veteran was discharged from the service in April, 1919, and, unless his policy was matured by the occurrence of total and permanent disability prior to May 31, 1919, it expired...

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