UNITED STATES v. FAIN

No. 11352.

103 F.2d 161 (1939)

UNITED STATES v. FAIN.

Circuit Court of Appeals, Eighth Circuit.

April 26, 1939.


Attorney(s) appearing for the Case

Thomas E. Walsh, Atty. for Department of Justice, of Washington, D. C. (Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett and Fendall Marbury, Sp. Assts. to Atty. Gen., and Fred A. Isgrig, U. S. Atty., and G. W. Hendricks, Sp. Atty., both of Little Rock, Ark., Bureau of War Risk Litigation, on the brief), for appellant.

D. K. Hawthorne, of Little Rock, Ark. (B. N. Florence, of Hot Springs, Ark., on the brief), for appellee.

Before SANBORN, THOMAS, and VAN VALKENBURGH, Circuit Judges.


THOMAS, Circuit Judge.

This is an action at law to recover disability benefits under a policy of war risk insurance. The government appeals from a judgment for plaintiff, assigning as error the court's refusal to instruct the jury to return a verdict in its favor. The single question to be determined is whether the evidence is sufficient to support the jury's finding that the insured was totally and permanently disabled on the date of the lapse of the policy, June...

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