Payne

In this action, on motion of appellee, the bill of exceptions was stricken out. U. S. v. Payne (C. C. A.) 72 F.(2d) 593 . In the order striking out the hill of exceptions we called the attention of the parties to the fact that the only question remaining was the sufficiency of the complaint to state a cause of action and called for briefs on that point. The question had not been raised by the parties.

We quote the allegation of the complaint with reference to loss as follows: “That between. the dates of enlistment and discharge the plaintiff suffered from the disease of the right eye known as hordeolum, and amblyopia exanopsia and hypertrophia of the eyes. That he further suffered from heart disease and chronic cardiac mitral insufficiency, and from chronic gastritis and chronic neurasthenia, and kidney trouble and nephritis and that from the date of his discharge from service he has suffered continuously from these diseases and their after effects and sequete, and that notwithstanding repeated honest and conscientious efforts to work he has been unable to pursue continuously any substantially gainful occupation, and has been unable to earn his livelihood, and that he has been…