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UNITED STATES v. CLINE

No. 3346.

62 F.2d 346 (1932)

UNITED STATES v. CLINE.

Circuit Court of Appeals, Fourth Circuit.

December 2, 1932.

Attorney(s) appearing for the Case

David D. Ashworth, U. S. Atty., of Beckley, W. Va., and Okey P. Keadle, Asst. U. S. Atty., of Huntington, W. Va. (Harry J. Capehart, Asst. U. S. Atty., of Welch, W. Va., on the brief), for the United States.

Kyle D. Harper and Harry M. Kilgore, both of Beckley, W. Va., for appellee.

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

PER CURIAM.

This is an appeal by the government in a war risk insurance case. The only question is whether verdict should have been directed for failure of plaintiff to establish total and permanent disability prior to the lapse of the policy, which occurred June 30, 1919. There was evidence that at that time plaintiff had chronic bronchitis and that he has suffered from same ever since. On the other hand, the evidence is conclusive that he was not totally disabled...

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