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UNITED STATES v. PHELPS

No. 4588.

54 F.2d 1085 (1931)

UNITED STATES of America, Appellant, v. Edward Joseph PHELPS, Appellee.

Circuit Court of Appeals, Third Circuit.

December 31, 1931.

Attorney(s) appearing for the Case

Phillip Forman, U. S. Atty., and Isador S. Worth, Asst. U. S. Atty., both of Trenton, N. J., Chester P. Morrisy, of Lyons, N. J., and William Wolff Smith and Bayless L. Guffy, both of Washington, D. C.

C. Richard Allen, of Camden, N. J., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below, Edward Joseph Phelps brought suit and recovered a verdict against the United States on a contract of war risk term insurance issued to him while in its military service. The issue in this case was whether the insured was totally disabled as provided by regulation, viz. "Any impairment of mind or body which renders it impossible for the disabled person to follow continuously any substantially gainful occupation." The trial...

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