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UNITED STATES v. IVEY

No. 757.

64 F.2d 653 (1933)

UNITED STATES v. IVEY.

Circuit Court of Appeals, Tenth Circuit.

April 10, 1933.

Attorney(s) appearing for the Case

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

Harry F. Brown, of Guthrie, Okl., and Henry Hoel, of Stillwater, Okl., for appellee.

Before LEWIS and PHILLIPS, Circuit Judges, and JOHNSON, District Judge.

PHILLIPS, Circuit Judge.

Ivey brought this action against the United States on a policy of war risk insurance. Trial by jury was duly waived and the action tried by the court. At the close of the evidence, counsel for the government moved for judgment in its favor on the ground that the proof wholly failed to establish that Ivey became totally and permanently disabled during the life of the policy. The court overruled such...

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