WHITESIDE v. UNITED STATES

No. 5911.

35 F.2d 452 (1929)

WHITESIDE v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

October 21, 1929.


Attorney(s) appearing for the Case

George E. Flood, of Seattle, Wash., Elton Watkins, Alfred P. Kelley, and Teal, Winfree, McCulloch & Shuler, all of Portland, Or., for appellant.

George Neuner, U. S. Atty., and Chas W. Erskine, Asst. U. S. Atty., both of Portland, Or.

Before DIETRICH and WILBUR, Circuit Judges, and LOUDERBACK, District Judge.


WILBUR, Circuit Judge.

Appellant brought an action against the government to recover upon a war risk insurance policy which had lapsed, alleging that before it lapsed he had become totally and permanently disabled. The government admitted the total and permanent disability of the appellant, but alleged that such permanent disability occurred several years after the lapse of the policy. The case was tried before a jury, and a verdict rendered in favor of the government...

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