Kessen v. United States

Fifth Circuit

Kessen v. United States

104 F.2d 521, 1939 U.S. App. LEXIS 4173

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 15, 1939

DocketNo. 9104

StatusPublished

This text of 104 F.2d 521 (Kessen v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kessen v. United States, 104 F.2d 521, 1939 U.S. App. LEXIS 4173 (5th Cir. 1939).

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Opinion

PER CURIAM.

On considering the evidence we are of opinion that it is insufficient to warrant a finding that the appellant at the lapsing of his term insurance Dec. 31, 1918, was then totally and permanently disabled. The Court did not err in directing a verdict against him. Lumbra v. United States, 290 U.S. 551, 54 S.Ct. 272, 78 L.Ed. 492; Miller v. United States, 294 U.S. 435, 55 S.Ct. 440, 79 L.Ed. 977.

Affirmed.

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PER CURIAM.

On considering the evidence we are of opinion that it is insufficient to warrant a finding that the appellant at the lapsing of his term insurance Dec. 31, 1918, was then totally and permanently disabled. The Court did not err in directing a verdict against him. Lumbra v. United States, 290 U.S. 551, 54 S.Ct. 272, 78 L.Ed. 492; Miller v. United States, 294 U.S. 435, 55 S.Ct. 440, 79 L.Ed. 977.

Affirmed.

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104 F.2d 521, 1939 U.S. App. LEXIS 4173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kessen-v-united-states-ca5-1939.

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