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UNITED STATES v. SMITH

No. 82.

68 F.2d 38 (1933)

UNITED STATES v. SMITH.

Circuit Court of Appeals, Second Circuit.

December 11, 1933.

Attorney(s) appearing for the Case

Howard W. Ameli, U. S. Atty., and Herbert H. Kellogg and Albert D. Smith, Asst. U. S. Attys., all of Brooklyn, N. Y., Davis G. Arnold and C. L. Dawson, Attys. Veterans' Administration, both of Washington, D. C., and Joseph H. San, Atty. Veterans' Administration, of New York City, for the United States.

Milton Seymour Cohn, of New York City, for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

MANTON, Circuit Judge.

Appellee enlisted in the military service, United States Navy, April 9, 1917, and was honorably discharged January 15, 1919. He obtained and had in force a $5,000 war risk insurance contract payable in the event of becoming permanently and totally disabled while the insurance was in force.

The question involved below was whether the appellee became permanently and totally disabled prior to April 1, 1919. The jury found that he was permanently...

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