United States v. Payne

WILBUR, Circuit Judge.

In this action, on motion of appellee, the bill of exceptions was stricken out. U. S. v. Payne (C. C. A.) 72 F.(2d) 593. In the order striking out the hill of exceptions we called the attention of the parties to the fact that the only question remaining was the sufficiency of the complaint to state a cause of action and called for briefs on that point. The question had not been raised by the parties.

We quote the allegation of the complaint with reference to loss as follows: “That between. the dates of enlistment and discharge the plaintiff suffered from the disease of…