Legal Opinion · Dissent

Cole v. United States

Court of Appeals for the Seventh Circuit

Decided April 8, 1942No. 7735Published

1DissentEvans, Circuit Judge

I dissent for two reasons: (a) The evidence in this case, similar to the evidence in the previous case, not only fails to furnish support for a finding of total and permanent disability on September 15, 1919, but conclusively shows plaintiff was not thus disabled, (b) The law of the case required the District Court to follow the decision of this court (82 F.2d 655) and direct a verdict in defendant’s favor.

The War Risk Insurance Act evidenced an appreciative sentiment on the part of the Government towards the veterans of the World War. It was intended to, and did, provide generous treatment…

2Cases cited5 opinions

  1. Johnston v. JonesSupreme Court of the United States · 1862
  2. National Brake & Electric Co. v. ChristensenCourt of Appeals for the Seventh Circuit · 1930
  3. Conner v. PaxsonIndiana Supreme Court · 1822
  4. International Brotherhood of Electrical Workers v. Western Union Telegraph Co.Court of Appeals for the Seventh Circuit · 1931
  5. United States v. ColeCourt of Appeals for the Seventh Circuit · 1936

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