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UNITED STATES v. LUCKINBILL

No. 768.

65 F.2d 1000 (1933)

UNITED STATES v. LUCKINBILL.

Circuit Court of Appeals, Tenth Circuit.

June 21, 1933.

Attorney(s) appearing for the Case

John E. Haltigan, Atty., Veterans' Administration, of Witchita, Kan. (Herbert K. Hyde, U. S. Atty., and Fred A. Wagoner, Asst. U. S. Atty., both of Oklahoma City, Okl., and Davis G. Arnold and T. R. Callahan, Attys., Veterans' Administration, both of Washington, D. C., on the brief), for the United States.

A. G. C. Bierer, Jr., of Guthrie, Okl. (A. G. C. Bierer, of Guthrie, Okl., on the brief), for appellee.

Before PHILLIPS and McDERMOTT, Circuit Judges.

PHILLIPS, Circuit Judge.

Luckinbill brought this action against the United States to recover on a policy of war risk insurance. Trial by jury was waived and the cause tried to the court. At the close of all the evidence, counsel for the government moved for judgment in its favor on the ground that no substantial evidence was introduced which showed that Luckinbill was totally and permanently disabled during the life of the policy. The motion was overruled and judgment...

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