Legal Opinion
Theberge v. United States
Court of Appeals for the Second Circuit
Decided February 1, 1937No. 42PublishedCited by 31 opinions
1Opinion of the Court
L. HAND, Circuit Judge.
This appeal presents as its single ground that the plaintiff did not make out a case for submission to the jury; the issue • being whether the insured, who was dead upon the second trial, had been permanently and totally disabled, when he was mustered out of the service. He had enlisted first on July 22, 1917, and had been gassed on July 7, 1918, and wounded on October 4, 1918, both times in action. He was in a hospital for three months and was mustered out in June, 1919, and at once reénlisted. He contracted syphilis on October 3, 1919, but continued to serve until he…
2Cases cited6 opinions
- Lumbra v. United StatesSupreme Court of the United States · 1934
- United States v. ClappCourt of Appeals for the Second Circuit · 1933
- United States v. LawsonCourt of Appeals for the Ninth Circuit · 1931
- United States v. AckerCourt of Appeals for the Fifth Circuit · 1929
- United States v. SanfordCourt of Appeals for the Fifth Circuit · 1934
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Edward S. Butler v. Arthur S. Flemming, Secretary of Department of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1961
- William T. Miracle v. Anthony J. Celebrezze, Secretary of Health, Education, and WelfareCourt of Appeals for the Sixth Circuit · 1965
- Thomas O. Hayes v. Anthony J. Celebrezze, Secretary of Health, Education, and WelfareCourt of Appeals for the Fifth Circuit · 1963
- Rosie L. Page v. Anthony J. Celebrezze, Secretary of Health, Education and Welfare, United States of AmericaCourt of Appeals for the Fifth Circuit · 1963
- Vera Sayers v. John W. Gardner, Secretary of Health, Education and WelfareCourt of Appeals for the Sixth Circuit · 1967
26 more not listed; retrieve them via the Exa API.