HILL v. UNITED STATES

No. 97.

104 F.2d 159 (1939)

HILL v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

May 8, 1939.


Attorney(s) appearing for the Case

Joseph A. McNamara, U. S. Atty., of Burlington, Vt., and William J. Hession, of Boston, Mass., Department of Justice (Julius C. Martin, of Washington, D. C., Director, Bureau of War Risk Litigation, Wilbur C. Pickett, Sp. Asst. to Atty. Gen., Young M. Smith, of Washington, D. C., Department of Justice, of counsel), for the United States.

H. A. Bailey and Richard H. Cowles, both of Burlington, Vt., for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge.

This is a war risk insurance case in which the government is appealing from a judgment, entered on a verdict for $13,455 in favor of the plaintiff, on the ground that there was no substantial evidence that the insured became permanently and totally disabled during the period of protection under a $10,000 contract of insurance that expired March 31, 1919, for nonpayment of premiums. The insured filed his petition on September 8, 1932...

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