UNITED STATES v. DIEHL

No. 3366.

62 F.2d 343 (1932)

UNITED STATES v. DIEHL.

Circuit Court of Appeals, Fourth Circuit.

December 2, 1932.


Attorney(s) appearing for the Case

Okey P. Keadle, Asst. U. S. Atty., of Huntington, W. Va. (David D. Ashworth, U. S. Atty., of Beckley, W. Va., and Davis G. Arnold and Lawrence A. Lawlor, Attys., Veterans' Administration, both of Washington, D. C., on the brief), for the United States.

W. T. Lovins, of Huntington, W. Va. (Marcum, Lovins & Gibson, of Huntington, W. Va., on the brief), for appellee.

Before PARKER and SOPER, Circuit Judges, and CHESNUT, District Judge.


PARKER, Circuit Judge.

This is an appeal by the government from a judgment on a policy of war risk insurance. The only question raised by the appeal which we need consider is whether the trial court erred in refusing to direct a verdict for the government; the contention being that the evidence did not establish total and permanent disability during the life of the policy, and that same had lapsed for nonpayment of premiums.

The premiums paid on the policy...

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