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CUNNINGHAM v. UNITED STATES

No. 6960.

67 F.2d 714 (1933)

CUNNINGHAM v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

November 27, 1933.

Attorney(s) appearing for the Case

Y. D. Mathes and Orrin H. Bonney, both of Houston, Tex., for appellant.

Douglas W. McGregor, Asst. U. S. Atty., of Houston, Tex., and Chas. R. Guinn, Atty., Veterans' Administration, of San Antonio, Tex., for the United States.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

Appellant, claiming for her ward "automatic insurance" benefits extended by section 401, Act of October 6, 1917 (40 Stat. 409),1 brought this suit to compel their payment. The United States resisted the suit as wanting in jurisdictional basis, and also as without basis in fact. The point was made that claims for automatic insurance were not in their nature suable because founded not on contract but on bounty,...

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