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KOLTON v. UNITED STATES

No. 862.

67 F.2d 741 (1933)

KOLTON v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

November 27, 1933.

Attorney(s) appearing for the Case

Lowell D. Hunt, of Denver, Colo. (S. R. Owens, of Denver, Colo., on the brief), for appellant.

John G. Reid, Asst. U. S. Atty., of Denver, Colo. (Ralph L. Carr, U. S. Atty., and Richard A. Toomey, Atty., Veterans' Administration, both of Denver, Colo., and Davis G. Arnold and Bayless L. Guffy, Attys., Veterans' Administration, both of Washington, D. C., on the brief), for the United States.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

PHILLIPS, Circuit Judge.

Appellant brought this action against the United States to recover on a policy of war risk insurance issued to him. 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 Harry Kolton, plaintiff herein, was not totally and permanently disabled within the terms of his contract of War Risk Term Insurance involved in this action...

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