UNITED STATES v. THOMAS

No. 744.

64 F.2d 245 (1933)

UNITED STATES v. THOMAS et al.

Circuit Court of Appeals, Tenth Circuit.

March 28, 1933.


Attorney(s) appearing for the Case

Edgar C. Jensen, Asst. U. S. Atty., of Salt Lake City, Utah (C. R. Hollingsworth, U. S. Atty., of Salt Lake City, Utah, and R. A. Toomey, Chief Atty., Veterans' Administration, of Denver, Colo., on the brief), for the United States.

R. W. Katerndahl and Joseph G. Jeppson, both of Salt Lake City, Utah, and Jess Hawley, Oscar W. Worthwine, and Hawley & Worthwine, all of Boise, Idaho, for appellees.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.


McDERMOTT, Circuit Judge.

At the close of all the evidence in this action on a war risk insurance policy, the government requested the trial court to direct a verdict on the ground that the evidence failed to disclose total and permanent disability while the policy was in force. The request was denied; the jury, properly charged as to the law, found for the plaintiff; this appeal challenges the correctness of the ruling on the request for a directed verdict. The question...

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