STUTHMAN v. UNITED STATES

No. 9705.

67 F.2d 521 (1933)

STUTHMAN v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

November 8, 1933.


Attorney(s) appearing for the Case

C. A. Wilson and E. B. Adams, both of Hot Springs, S. D., for appellant.

E. D. Barron, Asst. U. S. Atty., of Sioux Falls, S. D. (Olaf Eidem, U. S. Atty., of Sioux Falls, S. D., and Byron S. Payne, Asst. U. S. Atty., of Pierre, S. D., on the brief), for the United States.

Before GARDNER, WOODROUGH, and VAN VALKENBURGH, Circuit Judges.


GARDNER, Circuit Judge.

This is an action on a contract of war risk insurance, in which the pleadings are in conventional form.

The parties will be referred to as they appeared in the lower court.

After a jury had been impaneled and sworn, one of plaintiff's attorneys made an opening statement of the case to the jury, reciting that before the war plaintiff was an able-bodied man, able to do the hardest kind of farm work; that he enlisted in the service...

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