LINTON v. UNITED STATES

No. 15545.

227 F.2d 254 (1955)

Mrs. Grace J. LINTON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

November 15, 1955.


Attorney(s) appearing for the Case

D. W. Rolader, O. C. Hancock, Atlanta, Ga., for appellant.

James W. Dorsey, U. S. Atty., Charles D. Read, Jr., Asst. U. S. Atty., Atlanta, Ga., for appellee.

Before HUTCHESON, Chief Judge, and BORAH and CAMERON, Circuit Judges.


CAMERON, Circuit Judge.

The question presented by this appeal is whether the decision of the court below, sitting without a jury, was clearly erroneous in holding that appellant's evidence failed to show that insured's mental incapacity was a circumstance beyond his control as defined in the National Service Life Insurance Act, 38 U.S.C.A. § 801 et seq., so as to excuse his failure to apply, during his lifetime, for waiver of premiums provided for therein. The...

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