Ginochio v. United States

SPARKS, Circuit Judge.

This action presents a claim for total and permanent disability benefits' under a contract of war risk term insurance. By written stipulation a jury was waived and the cause was submitted on the question' of jurisdiction alone. On appellee’s motion the court struck out all the evidence and dismissed the suit for lack of jurisdiction. From that judgment this appeal is prosecuted.

Appellant was honorably discharged from military service in the United States army on May 16,1919. While he was in the service a policy of war risk insurance was issued to him and it was in force…