UNITED STATES v. MAYFIELD

No. 746.

64 F.2d 214 (1933)

UNITED STATES v. MAYFIELD.

Circuit Court of Appeals, Tenth Circuit.

April 5, 1933.


Attorney(s) appearing for the Case

Lawrence A. Lawlor, of Washington, D. C. (Herbert K. Hyde, U. S. Atty., and Fred A. Wagoner, Asst. U. S. Atty., both of Oklahoma City, Okl., and Davis G. Arnold and C. L. Dawson, both of Washington, D. C., Attys., Veterans' Administration, 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 LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.


LEWIS, Circuit Judge.

This is an appeal from a judgment in favor of Mayfield on a war risk insurance policy which was kept in force by payment of premiums until July 1, 1918. The trial was without jury, and at the close of the evidence each party moved for findings and judgment. The court ruled in favor of plaintiff and found that the soldier was totally and permanently disabled at the time of his discharge on May 16, 1918, — that is, "said impairment of body...

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