DUNLAP v. UNITED STATES

No. 1057.

43 F.2d 999 (1930)

DUNLAP v. UNITED STATES.

District Court, D. Idaho, N. D.

August 27, 1930.


Attorney(s) appearing for the Case

Hawley & Worthwine, of Boise, Idaho, for plaintiff.

H. E. Ray, U. S. Dist. Atty., and Ralph R. Breshears, Asst. U. S. Dist. Atty., both of Boise, Idaho, for the United States.


CAVANAH, District Judge.

This is an action on a policy of war risk insurance which resulted in a verdict for the plaintiff. Defendant moves for a new trial upon the grounds that the evidence is insufficient to support the verdict, and that error was made in sustaining the motion of plaintiff to strike out the admissions made by plaintiff relative to his asthmatic condition prior to enlistment.

The province of the court on a motion for a new trial, where the...

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