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UNITED STATES v. LYNCH

No. 6918.

67 F.2d 835 (1933)

UNITED STATES v. LYNCH.

Circuit Court of Appeals, Fifth Circuit.

December 5, 1933.

Attorney(s) appearing for the Case

Clyde O. Eastus, U. S. Atty., of Fort Worth, Tex., and Eric Eades, Chief Atty., Veterans' Administration, and Murray L. Crosse, Atty., Veterans' Administration, both of Dallas, Tex., for the United States.

W. E. George, of Wichita Falls, Tex., and V. H. McClintock, of Paducah, Tex., for appellee.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

In March, 1931, Earl Lynch, an overseas veteran, died of pulmonary tuberculosis in a United States hospital. On November 27, 1931, appellee brought this suit for himself and as administrator to recover on a war risk insurance policy, making the usual allegations of total and permanent disability while the policy was in force, and of claim filed and disagreement with the director. Tried to a jury, it resulted, after defendant's motion to instruct...

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