Luke v. United States

HOLMES, Circuit Judge.

On July 11, 1918, while appellant was in the military service of appellee, there was issued to him a certificate of war risk term insurance, which was kept in force through the month of March, 1919. He was discharged on March 10, 1919, and immediately accepted service as a civilian employee of the Army, which he held for two months.

On the trial he introduced evidence to the effect that during his period of enlistment he suffered from pulmonary tuberculosis; the diagnosis showing slight activity with no destruction of tissue. After a short period of hospitalization he was…