Legal Opinion · Dissent

United States v. Edith Vandver

Court of Appeals for the Sixth Circuit

Decided March 20, 1956No. 12530_1Published

1DissentMiller, Circuit Judge

It may well be that the judgment herein reviewed- should eventually be affirmed. But, in my opinion, the record in its present shape does not furnish a satisfactory basis for doing so, and the ease should be remanded for amplified or additional findings of fact.

The majority opinion well portrays the strong humanitarian appeal present in this case. The review of the evidence therein does not, however, reject or contradict the basic fundamental fact that on January 26, 1948, when, the insured died, the policy herein sued on was not in force or effect, having lapsed, for nonpayment of premiums,…

2Cases cited13 opinions

  1. Kelley v. Everglades Drainage DistrictSupreme Court of the United States · 1943
  2. Aylor v. United StatesCourt of Appeals for the Fifth Circuit · 1952
  3. Maher v. HendricksonCourt of Appeals for the Seventh Circuit · 1951
  4. United States v. CooperCourt of Appeals for the Sixth Circuit · 1953
  5. Landsman v. United StatesCourt of Appeals for the D.C. Circuit · 1953

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