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GREENWAY v. UNITED STATES

No. 878.

67 F.2d 738 (1933)

GREENWAY v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

November 27, 1933.

Attorney(s) appearing for the Case

S. R. Owens and Lowell D. Hunt, both of Denver, Colo., for appellant.

Thomas J. Morrissey, U. S. Atty., John G. Reid, Asst. U. S. Atty., and Richard A. Toomey, Atty., Veterans' Administration, all of Denver, Colo., and Davis G. Arnold and John Mock, Attys., Veterans' Administration, both of Washington, D. C., for the United States.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

PHILLIPS, Circuit Judge.

Appellant brought this action upon a policy of war risk insurance issued to Orie J. Greenway. Trial by jury was duly waived and the cause tried to the court. Judgment was for the United States.

The court made the following special finding of fact, "That said Orie J. Greenway was not totally and permanently disabled within the terms of his contract of War Risk Term Insurance involved in this action during the time that said contract...

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