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UNITED STATES v. PEET

No. 1440.

88 F.2d 597 (1937)

UNITED STATES v. PEET.

Circuit Court of Appeals, Tenth Circuit.

March 4, 1937.

Attorney(s) appearing for the Case

Thomas E. Walsh, Atty., Dept. of Justice, of Washington, D. C. (Summerfield S. Alexander, U. S. Atty., and R. T. McCluggage, Asst. U. S. Atty., both of Topeka, Kan., Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to the Atty. Gen., and Keith L. Seegmiller, Atty., Dept. of Justice, of Washington, D. C., on the brief), for the United States.

T. W. Bell, of Leavenworth, Kan., for appellee.

Before LEWIS, PHILLIPS, and BRATTON, Circuit Judges.

PHILLIPS, Circuit Judge.

Peet brought this action against the United States on a policy of war risk insurance. The policy lapsed on March 1, 1919, for nonpayment of premiums unless on or prior to that date Peet became totally and permanently disabled.

On a former appeal we held the evidence failed to establish total disability and reversed a judgment in favor of Peet and remanded the cause for a new trial. United States v. Peet (C.C.A.10) 59...

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