UNITED STATES v. HAINER

No. 6819.

61 F.2d 581 (1932)

UNITED STATES v. HAINER.

Circuit Court of Appeals, Ninth Circuit.

November 7, 1932.


Attorney(s) appearing for the Case

George Neuner, U. S. Atty., and Livy Stipp, Asst. U. S. Atty., both of Portland, Or.

Allan A. Bynon, of Portland, Or., for appellee.

Before WILBUR and SAWTELLE, Circuit Judges, and NETERER, District Judge.


WILBUR, Circuit Judge.

The government appeals from a judgment upon a war risk insurance policy based upon the alleged permanent and total disability of the plaintiff occurring on or before, and continuing after, July 31, 1919. The error assigned is the refusal of the trial court to direct a verdict in favor of the government.

There was substantial evidence that at the time of the trial, and as early as October 7, 1930, the plaintiff was suffering from severe...

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