Middleton v. United States

This appeal, from the dismissal by the district court of an action brought by the father of a deceased insured service man as beneficiary in the certificate of National Service Life Insurance issued by the United States, has been duly considered.

Conceding that the authority of United States v. Patryas, 303 U.S. 341, 58 S.Ct. 551, 82 L.Ed. 883 [see also Van Pelt v. United States, 6 Cir., 134 F.2d 735], forces conclusive presumption that the insured was in sound mental and physical condition when he was inducted into the United States Army, we are of opinion that the complaint was properly…