UNITED STATES v. RHODES

No. 3104.

49 F.2d 228 (1931)

UNITED STATES v. RHODES.

Circuit Court of Appeals, Fourth Circuit.

April 13, 1931.


Attorney(s) appearing for the Case

Okey P. Keadle, Asst. U. S. Atty., of Huntington, W. Va. (James Damron, U. S. Atty., and David F. Sheets, Asst. U. S. Atty., both of Huntington, W. Va., and William Wolff Smith, Gen. Counsel, U. S. Veterans' Bureau, and C. L. Dawson, Atty., U. S. Veterans' Bureau, both of Washington, D. C., on the brief), for the United States.

Roderick G. Merrick, of Charleston, W. Va., for appellee.

Before PARKER and NORTHCOTT, Circuit Judges, and GLENN, District Judge.


PARKER, Circuit Judge.

This was an action on a war risk insurance policy tried by the court below without a jury under stipulation of counsel. The court found as a fact that the plaintiff became totally and permanently disabled within the meaning of the policy while same was in force, and rendered judgment in his favor. From this judgment the government has appealed, its chief contention being that there was no sufficient evidence to support a recovery.

It...

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