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UNITED STATES v. BUTLER

No. 3394.

62 F.2d 1083 (1933)

UNITED STATES of America, Appellant, v. John C. BUTLER, Appellee.

Circuit Court of Appeals, Fourth Circuit.

January 31, 1933.

Attorney(s) appearing for the Case

John M. George, Atty. U. S. Veterans' Administration, of Richmond, Va. (Henry E. Davis, U. S. Atty., of Florence, S. C., S. Henry Edmunds, Jr., Asst. U. S. Atty., of Charleston, S. C., Davis G. Arnold and C. L. Dawson, Attys. Veterans' Administration, both of Washington, D. C., and J. C. Willcox, Atty. Veterans' Administration, of Columbia, S. C., on the brief), for the United States.

R. K. Wise, of Columbia, S. C. (Heyward Brockinton, of Columbia, S. C., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PER CURIAM.

This is an appeal in a war risk insurance case, and the only question which need be considered is whether verdict should have been directed for the government. While there is evidence that would warrant the conclusion that plaintiff had tuberculosis at the time of the lapse of his policy for nonpayment of premiums, there is no substantial evidence that at that time the disease was of such a nature or had reached such a stage that it constituted a total...

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