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UNITED STATES v. ROSBOROUGH

No. 3311.

62 F.2d 348 (1932)

UNITED STATES v. ROSBOROUGH.

Circuit Court of Appeals, Fourth Circuit.

December 2, 1932.

Attorney(s) appearing for the Case

S. Henry Edmunds, Jr., Asst. U. S. Atty., of Charleston, S. C. (Henry E. Davis, U. S. Atty., of Florence, S. C., and Davis G. Arnold and Lawrence A. Lawlor, Attys., Veterans' Administration, both of Washington, D. C., on the brief), for the United States.

R. K. Wise, of Columbia, S. C., for appellee.

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

PER CURIAM.

This is a suit on a policy of war risk insurance. The policy was kept in force by payment of premiums until August 31, 1927. The question in the case is whether plaintiff became totally and permanently disabled prior to that time. There is evidence that he had tuberculosis in 1925, but it was apparently in an arrested state, and there is no evidence whatever to support the conclusion that the disability resulting therefrom was either total or permanent...

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