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BOTTS v. UNITED STATES

No. 3449.

65 F.2d 1011 (1933)

Acy Thomas BOTTS, Appellant, v. UNITED STATES of America, Appellee.

Circuit Court of Appeals, Fourth Circuit.

June 15, 1933.

Attorney(s) appearing for the Case

C. A. Mays, of Greenwood, S. C. (Mays & Featherstone and Douglas Featherstone, all of Greenwood, S. C., on the brief), for appellant.

Joseph A. Tolbert, U. S. Atty., of Greenville, S. C. (Davis G. Arnold and Wilbur C. Pickett, both of Washington, D. C., Attys., Veterans' Administration, on the brief), for the United States.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PER CURIAM.

This is an appeal in a war risk insurance case. Plaintiff's policy lapsed for nonpayment of premium on March 3, 1919. About ten years later he was found to be suffering from active tuberculosis in an advanced stage, and the government admits that at that time he was totally and permanently disabled. The government denies, however, that he was totally or permanently disabled at the time of the lapse of the policy. The trial judge directed a verdict for...

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