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UNITED STATES v. PEET

No. 581.

59 F.2d 728 (1932)

UNITED STATES v. PEET.

Circuit Court of Appeals, Tenth Circuit.

June 30, 1932.

Attorney(s) appearing for the Case

C. L. Dawson, Atty., Veterans' Administration, of Washington, D. C. (S. M. Brewster, U. S. Atty., and L. E. Wyman, Asst. U. S. Atty., both of Topeka, Kan., and Wm. Wolff Smith, Sp. Counsel, Veterans' Administration, of Washington, D. C., on the brief), for the United States.

T. W. Bell, of Leavenworth, Kan., for appellee.

Before PHILLIPS and McDERMOTT, Circuit Judges.

PHILLIPS, Circuit Judge.

Peet brought this action against the United States on a policy of war risk insurance. Trial by jury was duly waived and the action tried by the court. At the close of the evidence counsel for the United States moved for judgment in its favor upon the ground that the proof wholly failed to establish that Peet became totally and permanently disabled during the life of the policy. The court overruled such motion and entered judgment for Peet...

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