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UNITED STATES v. CARPER

No. 3744.

75 F.2d 191 (1935)

UNITED STATES v. CARPER.

Circuit Court of Appeals, Fourth Circuit.

January 16, 1935.

Attorney(s) appearing for the Case

C. L. Dawson, Atty., Department of Justice, of Washington, D. C. (George I. Neal, U. S. Atty., and L. R. Via, Asst. U. S. Atty., both of Huntington, W. Va., Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Young M. Smith, Atty., Department of Justice, of Washington, D. C., on the brief), for the United States.

Fred M. Stambaugh, of Charleston, W. Va. (Lively, Lively & Stambaugh, of Charleston, W. Va., on the brief), for appellee.

Before PARKER and SOPER, Circuit Judges, and WEBB, District Judge.

PER CURIAM.

This is an appeal in a war risk insurance case. The premium paid on the policy continued the insurance in force to December 31, 1918; and the only question which we need consider is whether there was substantial evidence that at that time the insured was totally and permanently disabled within the meaning of the policy. We think that this question must be answered in the negative. The suit was not filed until June, 1932, and the insured was then suffering...

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