U.S. Court of Appeals for the Ninth Circuit, 1928

United States v. Grigg

United States v. Grigg
U.S. Court of Appeals for the Ninth Circuit · Decided March 5, 1928
24 F.2d 638; 1928 U.S. App. LEXIS 2123 (Federal Reporter, Second Series)

Counsel

John B. Wright, U. S. Atty., of Tucson, Ariz., and George R. Hill and G. Guy Axline, Asst. U. S. Attys., both of Phoenix, Ariz., and William Wolff Smith, C. L. Dawson, and Randolph C. Shaw, all of Washington, D. C., for the United States., Stanley A. Jerman, of Phoenix, Ariz., for defendant in error Kent., F. C. Struckmeyer, I. A. Jennings, and C. L. Strouss, all of Phoenix, Ariz., for other defendants in error., Loy J. Molumby, of Great Falls, Mont., W. G. Beardslee, of Seattle, Wash., and Alvin Gerlack, of San Francisco, Cal., amici curiae

United States v. Grigg

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Opinion of the Court

PER CURIAM.

The policy involved in this case lapsed for failure to pay premiums after February 1, 1919, unless the defendant in error was permanently and totally disabled prior to that date. No claim under the policy was made to the Director of the Veterans’ Bureau until July 16, 1926, or until more than six years thereafter. The cause of action was therefore barred, and the judgment of the court below is reversed, on the authority of United States v. Sligh (No. 5260) 24 F.(2d) 636, just decided.

By stipulation of counsel, similar orders will be made in United States v. Wooten, No. 5264, United States v. Ledbetter, No. 5263, and United States v. Kent, No. 5262.

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