UNITED STATES v. McALISTER

No. 8219.

88 F.2d 379 (1937)

UNITED STATES v. McALISTER.

Circuit Court of Appeals, Ninth Circuit.

February 23, 1937.


Attorney(s) appearing for the Case

John B. Tansil, U. S. Atty., R. Lewis Brown, Asst. U. S. Atty., and Francis J. McGan, Atty., Department of Justice, all of Butte, Mont., Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett and Randolph C. Shaw, Sp. Assts. to Atty. Gen., and W. Clifton Stone, Atty., Department of Justice, of Washington, D. C., for the United States.

Molumby, Busha & Greenan, of Great Falls, Mont., for appellee.

Before GARRECHT and HANEY, Circuit Judges, and NETERER, District Judge.


NETERER, District Judge.

From a judgment after alleged erroneous denial of a motion for a directed verdict and refusal of instruction to that effect on the ground that the evidence was insufficient to sustain a judgment, appellant appeals.

The insured was inducted into the Army June 27, 1918, at age of twenty-four years; was wounded over seas September, 1918, by compound consummated fracture of the radius of the left arm necessitating the removal of several...

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