Harris

During the pendency of this action on appeal, Congress adopted a Joint Resolution (January 28, 1935 [38 U.S.C.A. § 445c]) retroactive to July 3, 1930, and applying to all pending cases, to the effect “that a denial of a claim based upon a War Risk Insurance policy by the administrator of Veterans’ Affairs, or any employee or agency of the Veterans’ Administration heretofore or hereafter designated therefor by the administrator, shall constitute a disagreement for the purposes of section 19 of the World War Veterans Act 1924, as amended (U.S.C.Supp. VII, title 38, Sec. 445).” The appeal was heard before Circuit Judges Wilbur and Garrecht, and District Judge Norcross. After the submission of the case and before the joint resolution above mentioned was called to our attention, a decision written by Judge Norcross and concurred in by both Circuit Judges was handed down on May 6, 1935, affirming the judgment of the lower court dismissing the action. Fortr days later the opinion was withdrawn by the Court sua sponte and the judgment was reversed. (D.C.) 5 F.Supp. 368, 370 . The government petitioned for a rehearing, claiming that the decision was of momentous importance and that it had…