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UNITED STATES v. GALLOWAY

No. 3419.

62 F.2d 1057 (1933)

UNITED STATES v. GALLOWAY.

Circuit Court of Appeals, Fourth Circuit.

January 31, 1933.

Attorney(s) appearing for the Case

Joseph A. Tolbert, U. S. Atty., of Greenville, S. C., and John M. George, of Richmond, Va., Atty., U. S. Veterans' Administration (Davis G. Arnold, Wilbur C. Pickett, and Onan A. Hydrick, Attys., Veterans' Administration, all of Washington, D. C., and J. C. Willcox, Atty., Veterans' Administration, of Columbia, S. C., on the brief), for the United States.

W. D. Workman and L. F. Simpson, Jr., both of Greenville, S. C., for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PER CURIAM.

This is an appeal in a war risk insurance case. Plaintiff claimed to be totally and permanently disabled as a result of amoebic dysentery from which he was suffering at the time when his policy lapsed for nonpayment of premiums approximately thirty days after his discharge from the Army. We think that the evidence shows that plaintiff had the disease at the time of the lapse of the policy; but we do not think that it is sufficient to sustain the conclusion...

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