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BARKSDALE v. UNITED STATES

No. 302.

46 F.2d 762 (1931)

BARKSDALE v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

January 5, 1931.

Attorney(s) appearing for the Case

S. R. Owens, of Denver, Colo. (Joseph P. O'Connell, of Denver, Colo., of counsel), for appellant.

Ralph L. Carr, U. S. Atty., of Denver, Colo., John G. Reid, Asst. U. S. Atty., of Hugo, Colo., and William Wolff Smith, Gen. Counsel, U. S. Veterans' Bureau, and Bayless L. Guffy, both of Washington, D. C., and Richard A. Toomey, of Denver, Colo., Atty., Veterans' Bureau.

Before PHILLIPS and McDERMOTT, Circuit Judges, and POLLOCK, District Judge.

POLLOCK, District Judge.

This action was brought by plaintiff, Leslie Barksdale, to recover on a reinstated contract of war-risk insurance. It is alleged in the petition that this contract of insurance was in full force and effect on January 31, 1921; that on or before that date plaintiff had become and was totally and permanently disabled from following any gainful occupation or employment. The trial was had before the court and a jury. At the close of the evidence...

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