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UNITED STATES v. MARTIN

No. 6301.

54 F.2d 554 (1931)

UNITED STATES v. MARTIN.

Circuit Court of Appeals, Fifth Circuit.

December 19, 1931.

Attorney(s) appearing for the Case

Norman A. Dodge, U. S. Atty., and Alex M. Mood, Asst. U. S. Atty., both of Fort Worth, Tex., and Eric Eades, Regional Atty., Veterans' Administration, of Dallas, Tex., for the United States.

Talma L. Smith, of Washington, D. C., and W. S. Birge, of Amarillo, Tex., for appellee.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

Martin, suing upon a war risk insurance policy, obtained a verdict finding that on October 23, 1918, he became totally and permanently disabled. From the judgment entered on this verdict the United States appeals, assigning as error the refusal of its request for an instructed verdict. Appellant insists here that the evidence of plaintiff and his witnesses, viewed in the light most favorable to plaintiff's cause, does not permit of the conclusion...

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