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UNITED STATES v. POE

No. 7592.

81 F.2d 799 (1936)

UNITED STATES v. POE.

Circuit Court of Appeals, Fifth Circuit.

February 18, 1936.

Attorney(s) appearing for the Case

J. Gregory Bruce, Atty., Department of Justice, of Washington, D. C., Wilbur C. Pickett and Randolph C. Shaw, Sp. Assts. to Atty. Gen., Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., and Jim C. Smith, U. S. Atty., of Birmingham, Ala.

Frank M. Dixon, of Birmingham, Ala., for appellee.

Before FOSTER, HUTCHESON, and WALKER, Circuit Judges.

FOSTER, Circuit Judge.

Appellee brought suit as administratrix of the estate of Steve E. Poe, to recover on a policy of war risk insurance, issued to the decedent while serving in the army of the United States, on the ground that the policy had matured during the life of decedent by reason of his total permanent disability. At the close of the evidence, defendant moved for a directed verdict, which was denied. Error is assigned to that action of the court.

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