Gray v. United States

Fourth Circuit Court of Appeals

Decided June 21, 1934.

Fourth Circuit Court of Appeals · decided 1934-06-21

Cited by 4 later decisions — most recently May 1976

3 federal appellate · 1 district ·

2 counsel of record

Applies 38 U.S.C. § 701

Relies on Lynch v. United States · Lynch v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1934-06-21

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¶1Before PARKER and NORTHCOTT, Circuit Judges, and CHESNUT, District Judge.

¶2George M. Dunn and Simmonds & Bowman, all of Johnson City, Tenn., for appellant.

¶3Joseph H. Chitwood, U. S. Atty., of Roanoke, Va.

¶4PER CURIAM.

¶5This is an appeal from an order dismissing a suit on a policy of war risk insurance, on the ground that the court was without jurisdiction to entertain it because of the provisions of the Act of Congress of March 20, 1983 ( 38 USCA § 701 et seq.). The court below followed the decision of the Circuit Court of Appeals of the Fifth Circuit in Lynch v. United States, 67 F.(2d) 490. The Supreme Court, however, has reversed that decision, Lynch v. United States, 54 S. Ct. 840, 78 L. Ed. 1434, decided June 4, 1934; and the United States has confessed error in this case. The order appealed from will accordingly be reversed.

¶6Reversed.