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SIMS v. UNITED STATES

No. 5918.

54 F.2d 1083 (1932)

Jeff D. SIMS, Jr., Appellant, v. UNITED STATES of America, Appellee.

Circuit Court of Appeals, Sixth Circuit.

February 5, 1932.

Attorney(s) appearing for the Case

Joseph M. Bearman, of Memphis, Tenn. (George J. Coleman, of Memphis, Tenn., on the brief), for appellant.

Bailey Walsh, of Memphis, Tenn. (Lindsay B. Phillips and David Hanover, both of Memphis, Tenn., and William Wolff Smith and A. Hinderliter, both of Washington, D. C., on the brief), for the United States.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.

PER CURIAM.

This action was brought to recover the benefits under a policy of war risk insurance. At the conclusion of plaintiff's evidence the court below directed a verdict for the defendant. The sole question was whether plaintiff became totally and permanently disabled during the life of the policy. The record is unsatisfactory. The medical witnesses were evidently equipped to testify definitely upon the obvious points in the case. Whether they did or not does...

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