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UNITED STATES v. LESHER

No. 6795.

59 F.2d 53 (1932)

UNITED STATES v. LESHER.

Circuit Court of Appeals, Ninth Circuit.

May 31, 1932.

Attorney(s) appearing for the Case

George Neuner, U. S. Atty., and Livy Stipp, Asst. U. S. Atty., both of Portland, Or.

James F. Alexander and B. A. Green, both of Portland, Or., and Alvin Gerlack, of San Francisco, Cal., for appellee.

Before SAWTELLE, Circuit Judge, and NETERER and ST. SURE, District Judges.

NETERER, District Judge.

Reversal is sought of judgment on a verdict for plaintiff on an $8,000 war risk insurance policy claim. It is alleged that the insured became totally and permanently disabled prior to March 31, 1919, by reason of encephalitis lethargua residua. The sole issue is alleged error in overruling defendant's motion for a directed verdict.

Under the Seventh Amendment to the Constitution, a jury trial...

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