UNITED STATES v. JONES

No. 3339.

62 F.2d 347 (1932)

UNITED STATES v. JONES.

Circuit Court of Appeals, Fourth Circuit.

December 2, 1932.


Attorney(s) appearing for the Case

W. H. Fisher, U. S. Atty., of Clinton, N. C. (J. D. De Ramus, Chief Atty., and T. P. Regan, Atty., Veterans' Administration, both of Charlotte, N. C., on the brief), for the United States.

W. E. Lynch, of Rowland, N. C., and H. Woodward Winburn, of Greensboro, N. C. (R. H. McNeill, of Washington, D. C., and T. A. McNeill, of Lumberton, N. C., on the brief), for appellee.

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


PER CURIAM.

This is an appeal from a judgment in favor of plaintiff on a policy of war risk insurance. The policy was continued in force by payment of premiums until August 31, 1919. The only question we need consider is whether the evidence was sufficient to establish total and permanent disability on the part of the insured at that time. We do not think that it was.

There is evidence tending to show that plaintiff was suffering at the time of the lapse of...

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