HICKS v. UNITED STATES

No. 3363.

65 F.2d 517 (1933)

HICKS v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

On Rehearing June 15, 1933.


Attorney(s) appearing for the Case

Jacob L. Morewitz, of Newport News, Va. (H. H. Kanter, of Norfolk, Va., and Morewitz & Morewitz, of Newport News, Va., on the brief), for appellant.

William P. Boehmer, Asst. U. S. Atty., of Norfolk, Va., and Wilbur C. Pickett, of Washington, D. C., Atty., Veterans' Administration (Paul W. Kear, U. S. Atty., of Norfolk, Va., on the brief), for the United States.

Before PARKER and NORTHCOTT, Circuit Judges, and MEEKINS, District Judge.


PARKER, Circuit Judge.

This is an appeal in a war risk insurance case, in which verdict was directed for the government. It presents two questions for our consideration: (1) Whether there was sufficient evidence to take the case to the jury on the question as to whether the insured became totally and permanently disabled before the policy lapsed for nonpayment of premiums; and (2) whether insured is precluded from recovery on the ground that he was totally and permanently...

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