FALBO

v.

UNITED STATES

Citator

Cited By (27 total)

• United States v. Spaulding, 293 U.S. 498 (U.S. 1935)
  …as an air pilot, or of the work he performed after the lapse of the policy. These facts conclusively establish that he did not become totally and permanently disabled before his policy lapsed. Lumbra v. United States, supra. Falbo v. United States, 291 U. S. 646.* Reversed. * Cf. United States v. Pollock, 68 F. (2d) 633, 634. United States v. Timmons, 68 F. (2d) 654, 655. Tracy v. United States, 68 F. (2d) 834, 837. United States v. Burns, 69 F. (2d) 636, 638. United States v. Sumner, 69 F. (2d) 770, 772…
• United States v. Walker, 77 F.2d 415 (5th Cir. 1935)
  …e by the insured’s failure to take proper medical treatment, which was freely available to him. Eggen v. United States (C. C. A.) 58 F.(2d) 616; Wise v. United States (C. C. A.) 63 F.(2d) 307; Falbo v. United States (C. C. A.) 64 F.(2d) 948; Id., 291 U. S. 646, 54 S. Ct. 456, 78 L. Ed. 1042. That, while the policy was in force, his disability was permanent as well as total was an affirmative fact for the appellee to establish'by evidence. The condition of the evidence was such that a finding by the jury…
• United States v. Nat'l Bank of Commerce of Seattle, 73 F.2d 721 (9th Cir. 1934)
  …ive out their lives following gainful occupations.” It concedes that: “On the other hand, there are some that do not respond to treatment, and their condition is incurable from the start. * * * ” Falbo v. U. S., 64 F.(2d) 948 (C. C. A. 9) affirmed 291 U. S. 646, 54 S. Ct. 456, 78 L. Ed. 1042, may he distinguished from the instant ease, in that there was no direct evidence that Falbo was suffering from tuberculosis until nearly a year after Ms discharge, and he had been working throughout that period. Judg…

Authorities Cited

• Lumbra v. United States, 290 U.S. 551 (U.S. 1934)