UNITED STATES v. GIBSON

No. 13670.

225 F.2d 807 (1955)

UNITED STATES of America, Appellant, v. Elma Agnes GIBSON, Administratrix of the Estate of Virgil Thomas Gibson, Deceased, Appellee.

United States Court of Appeals Ninth Circuit.

September 13, 1955.


Attorney(s) appearing for the Case

Warren E. Burger, Asst. Atty. Gen., John G. Laughlin, Paul A. Sweeney, Attys., Dept. of Justice, Washington, D. C., David A. Turner, Asst. Gen. Counsel, Veterans' Administration, Washington, D. C., Sherman F. Furey, Jr., U. S. Atty., Boise, Idaho, for appellant.

William S. Hawkins, E. L. Miller, Coeur d'Alene, Idaho, for appellee.

Before STEPHENS, HEALY and POPE, Circuit Judges.


PER CURIAM.

Following our former decision in this case, 9 Cir., 207 F.2d 161, appellant filed a petition for rehearing in which our attention was called for the first time to part IV of Veterans' Regulation No. 1 (a), 38 U.S.C.A. following section 745. Paragraph II of which provides: "* * * [I]n those cases in which the veteran, by virtue of the above provision, is found to be entitled to a pension under part III of Veterans' Regulation...

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