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UNITED STATES v. McCLUSKEY

No. 10126.

128 F.2d 509 (1942)

UNITED STATES v. McCLUSKEY.

Circuit Court of Appeals, Fifth Circuit.

May 29, 1942.

Attorney(s) appearing for the Case

Thomas E. Walsh, Atty., Dept. of Justice, and Julius C. Martin, Director, Bureau of War Risk Litigation, both of Washington, D. C., George T. Mitchell, U. S. Atty., of Tupelo, Miss., Chester L. Sumners, Asst. U. S. Atty., of Corinth, Miss., and Roy J. Goss, Atty., Dept. of Justice, of Jackson, Miss., for appellant.

Thomas Fite Paine, of Aberdeen, Miss., for appellee.

Before SIBLEY, HOLMES, and MCCORD, Circuit Judges.

SIBLEY, Circuit Judge.

McCluskey in 1918 while in the Army had influenza followed later by pneumonia, and bronchitis. His War Risk term insurance lapsed on his discharge in April, 1919. In 1921 he applied for compensation, and was found partially disabled, and his past due compensation kept his insurance in force till August 15, 1921. After that he farmed by renting land and hiring croppers and sub-renting, and by this and his compensation allowance he supported himself...

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