(DOWNLOAD) "Hicks v. United States" by Fourth Circuit Circuit Court Of Appeals * eBook PDF Kindle ePub Free

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eBook details

• Title: Hicks v. United States
• Author : Fourth Circuit Circuit Court Of Appeals
• Release Date : January 15, 1933
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 49 KB

Description

On Rehearing. A rehearing was granted in this case on the second point covered by the opinion in view of the fact that a contrary conclusion had been reached by a number of courts on the same point. Schmidt v. U.S. (C.C.A. 8th) 63 F.2d 390; U.S. v. Stevens (C.C.A. 8th) 64 F.2d 853; Boulger v. U.S. (D.C. Mass.) 60 F.2d 560; Stavros v. U.S. (D.C.W.D. Wash.) 3 F. Supp. 213. Upon further consideration in the light of these decisions, and of the decisions of the Comptroller General toward which the change in the incontestable provision of the statute was directed, we have reached the conclusion that we were in error in thinking that the incontestable provision was intended to preclude the government from asserting that, where the insured was totally and permanently disabled at the time of application, the policy as issued insured only against death and not against disability.

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