Harris

Harris v. United States

Good Law
76 F.2d 1010·1935 U.S. App. LEXIS 2784
United States Court of Appeals for the Ninth CircuitMay 10, 1935No. 7458California113 words

Lead Opinion

In view of the resolution of Congress of January 28, 1935 (38 USGA § 445c) with relation to what constitutes a disagreement within the meaning of 38 USCA § 445, making the same retroactive as of July 3, 1930, and applicable to all suits pending on Jan *1011 uary 28, 1935, the order of affirmance, heretofore entered May 6, 1935, is vacated. The decision of the District Court dismissing the action is reversed, and the case remanded, with leave to the plaintiff to amend his complaint “to the end that further proceedings may he had in accordance with the Resolution.” Frederick v. U. S., 55 S. Ct. 511 , 79 L. Ed. —.