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WALKER v. UNITED STATES

No. 10082.

130 F.2d 587 (1942)

WALKER v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

September 3, 1942.

Attorney(s) appearing for the Case

F. Lewis Peyton, of Jackson, Miss., for appellant.

Thomas E. Walsh and Wilbur C. Pickett, Attys., Department of Justice, and Julius C. Martin, Director, Bureau of War Risk Litigation, all of Washington, D. C., Toxey Hall, U. S. Atty., of Jackson, Miss., and Stewart C. Broom, Asst. U. S. Atty., of Jackson, Miss., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

SIBLEY, Circuit Judge.

Robert DeWitt Walker, after having cerebro-spinal meningitis in the army, was discharged Dec. 23, 1918, and he allowed his war risk insurance to lapse the next month. He first made claim thereon Nov. 1, 1930, and the claim was denied Aug. 24, 1931. His suit, filed April 29, 1932, was tried to a jury on its merits in 1941. The verdict was against him. He appeals from the resulting verdict.

Walker made no motion for a verdict. Therefore...

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