Countee v. United States

MAJOR, Circuit Judge.

This is an appeal from a judgment, entered April 3, 1941, upon a jury verdict in favor of the Government, in a suit to recover continuing payments of total permanent disability benefits under a contract of war risk insurance.

Plaintiff, on July 9, 1928, in the District Court for the Western District of Washington, recovered a judgment for-all accrued benefits under said contract upon a finding that he was totally and permanently disabled from November 23, 1918, to the date of the judgment. (This will hereafter be referred to as the “original case”.) This judgment was…