UNITED STATES v. HALLIDAY

No. 4714.

116 F.2d 812 (1941)

UNITED STATES v. HALLIDAY.

Circuit Court of Appeals, Fourth Circuit.

January 9, 1941.


Attorney(s) appearing for the Case

Fendall Marbury, of Washington, D. C., Attorney, Department of Justice, and Oscar H. Doyle, U. S. Atty., of Anderson, 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 appellant.

Warren E. Miller, of Washington, D. C., and R. K. Wise, of Columbia, S. C., for appellee.

Before SOPER and DOBIE, Circuit Judges, and CHESNUT, District Judge.


DOBIE, Circuit Judge.

This was an action on a war risk insurance policy, brought by James H. Halliday (hereinafter called the insured), who sued through his Committee, Annie Halliday, to recover total permanent disability benefits under his term policy, which was issued between June 23, 1918, and April 2, 1919, while he was in the military service of the United States.

In his complaint, filed November 20, 1936, insured...

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