UNITED STATES v. WILFORE

No. 414.

66 F.2d 255 (1933)

UNITED STATES v. WILFORE.

Circuit Court of Appeals, Second Circuit.

July 5, 1933.


Attorney(s) appearing for the Case

Harry B. Amey, U. S. Atty., of Burlington, Vt., and Davis G. Arnold, of Washington, D. C., and A. W. De Birny, of Burlington, Vt., Attys. Veterans' Administration, for the United States.

Marcell Conway, of Barre, Vt. (Gelsie Monti, of Barre, Vt., on the brief), for plaintiff-appellee.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge.

This is an appeal by the government from a judgment in favor of Floyd E. Wilfore, who brought an action to recover upon a war risk insurance policy. The principal assignment of error is that the trial judge improperly refused to direct a verdict in favor of the government because there was no evidence from which a jury could find that the plaintiff was suffering from a permanent and total disability at the time that his policy of insurance...

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