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UNITED STATES v. ROBERTS

No. 728.

62 F.2d 594 (1932)

UNITED STATES v. ROBERTS.

Circuit Court of Appeals, Tenth Circuit.

November 18, 1932.

Attorney(s) appearing for the Case

Ralph L. Carr, U. S. Atty., John G. Reid, Asst. U. S. Atty., and Richard A. Toomey, Atty., Veterans' Administration, all of Denver, Colo., for the United States.

S. R. Owens, of Denver, Colo., for appellee.

Before LEWIS and McDERMOTT, Circuit Judges, and POLLOCK, District Judge.

POLLOCK, District Judge.

This is an action on a war risk insurance policy, in which the plaintiff alleges in his petition that he has been permanently and totally disabled since May 2, 1918. He tenders into court for cancellation a converted policy in the sum of $8,000, which he secured in May of 1927. The claim is that he is totally disabled from pulmonary tuberculosis and enteritis tuberculosis and dementia præcox. The jury found for the plaintiff, and two...

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