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McLEOD v. UNITED STATES

No. 896.

67 F.2d 740 (1933)

McLEOD et al. v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

November 27, 1933.

Attorney(s) appearing for the Case

S. R. Owens, of Denver, Colo., for appellant.

Thomas J. Morrissey, U. S. Atty., John G. Reid, Asst. U. S. Atty., and Richard A. Toomey, Atty., Dept. of Justice, all of Denver, Colo., and T. R. Callahan, Atty., Dept. of Justice, of Washington, D. C., for the United States.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.

PHILLIPS, Circuit Judge.

Appellants brought this action against the United States to recover upon a policy of war risk insurance issued to Charles Sumner McLeod. Trial by jury was duly waived and the case tried to the court. Judgment was for the United States.

The court made the following finding of fact, "That said Charles Sumner McLeod, insured herein, was not totally and permanently disabled within the terms of his contract of War Risk Term Insurance involved...

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