UNITED STATES v. ELLISON

No. 3722.

74 F.2d 864 (1935)

UNITED STATES v. ELLISON et al.

Circuit Court of Appeals, Fourth Circuit.

January 8, 1935.


Attorney(s) appearing for the Case

Wilbur C. Pickett, Sp. Asst. to Atty. Gen. (George I. Neal, U. S. Atty., of Huntington, W. Va., Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., and Lawrence A. Lawlor, Sp. Asst. to Atty. Gen., on the brief), for the United States.

D. M. Easley, of Bluefield, W. Va. (Jerome Katz and French & Easley, both of Bluefield, W. Va., on the brief), for appellees.

Before PARKER and NORTHCOTT, Circuit Judges, and MYERS, District Judge.


PARKER, Circuit Judge.

This is an appeal in a war risk insurance case in which plaintiffs contended that insured was totally and permanently disabled at the time he ceased paying premiums on his policy in 1919, and, if not then, on September 9, 1925. Plaintiffs contended that on the latter date insured was found to have been suffering from a compensable disability when his policy was allowed to lapse in 1919, and was awarded compensation in an amount sufficient to...

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