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UNITED STATES v. FLY

No. 9331.

58 F.2d 217 (1932)

UNITED STATES v. FLY.

Circuit Court of Appeals, Eighth Circuit.

April 19, 1932.

Attorney(s) appearing for the Case

C. L. Dawson, Atty., Veterans' Administration, of Washington, D. C. (William L. Vandeventer, U. S. Atty., and Claude E. Curtis, Asst. U. S. Atty., both of Kansas City, Mo., William Wolff Smith, Sp. Counsel, Veterans' Administration, of Washington, D. C., and Vergil E. Willis, Ins. Atty., Veterans' Administration, of Kansas City, Mo., on the brief), for the United States.

Warren M. Turner, of Springfield, Mo. (Ben M. Neale and Charles F. Newman, both of Springfield, Mo., on the brief), for appellee.

Before STONE, KENYON, and GARDNER, Circuit Judges.

STONE, Circuit Judge.

This is an action upon a war risk insurance contract. From a recovery thereon, the government brings this appeal.

The parties agree that the only issue at the trial was whether plaintiff was totally and permanently disabled. The issues presented here are the sufficiency of the evidence to warrant submission to the jury, and the propriety of a portion of the charge to the jury. The appeal has been ably and fairly presented by counsel of...

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