UNITED STATES v. PERKINS

No. 723.

64 F.2d 243 (1933)

UNITED STATES v. PERKINS.

Circuit Court of Appeals, Tenth Circuit.

March 28, 1933.


Attorney(s) appearing for the Case

Herbert K. Hyde, U. S. Atty., and Fred A. Wagoner, Asst. U. S. Atty., both of Oklahoma City, Okl., and Davis G. Arnold and Lawrence A. Lawlor, both of Washington, D. C., Attys., Veterans' Administration, for the United States.

Merle G. Smith, of Guthrie, Okl., for appellee.

Before COTTERAL and McDERMOTT, Circuit Judges, and JOHNSON, District Judge.


McDERMOTT, Circuit Judge.

After a trial without a jury, the lower court found that appellee was totally and permanently disabled on and after July 1, 1919, and rendered judgment in his favor on a policy of war risk insurance. This appeal presents the single question of whether there is any substantial evidence on which the judgment may rest.

The appellee had pneumonia while in a camp in this country, and was slightly gassed during the St. Mihiel and Argonne...

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