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SHAMBEGIAN v. UNITED STATES

No. 3263.

100 F.2d 414 (1938)

SHAMBEGIAN v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

December 6, 1938.

Attorney(s) appearing for the Case

James B. Littlefield, of Providence, R. I., for appellant.

William J. Hession, of Boston, Mass. (J. Howard McGrath, U. S. Atty., of Providence, R. I., and Julius C. Martin, Wilbur C. Pickett, and Young M. Smith, all of Washington, D. C., on the brief), for the United States.

Before BINGHAM and WILSON, Circuit Judges, and McLELLAN, District Judge.

PER CURIAM.

This is a suit on a war risk insurance policy. Trial was had before the District Judge, a jury having been duly waived. The court found that the plaintiff had not established that he was totally and permanently disabled while the policy was in effect, and granted the defendant's motion for judgment, to which the plaintiff excepted. This is assigned as error.

The plaintiff takes the position that his exception...

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