CLAUSON v. UNITED STATES

No. 9399.

60 F.2d 694 (1932)

CLAUSON v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

July 6, 1932.


Attorney(s) appearing for the Case

E. B. Adams, of Hot Springs, S. D., for appellant.

E. D. Barron, Asst. U. S. Atty., of Sioux Falls, S. D. (Olaf Eidem, U. S. Atty., of Sioux Falls, S. D., and Byron S. Payne, Asst. U. S. Atty., of Pierre, S. D., on the brief), for the United States.

Before GARDNER, SANBORN, and BOOTH, Circuit Judges.


BOOTH, Circuit Judge.

This is an appeal from a judgment dismissing on the merits an action brought by appellant as plaintiff on a War Risk Insurance Contract.

The vital question in the case was whether plaintiff became totally and permanently disabled while his policy was still in force.

A jury was duly waived by stipulation, and the case tried to the court. Findings of fact and conclusions of law were made and filed by the court in favor of defendant...

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