SAWTELLE, Circuit Judge.
This is an appeal from a judgment in an action on a war risk insurance policy issued to Omey E. Dyer, herein referred to as the decedent. On motion of the defendant, appellee, the learned trial court instructed the jury to return a verdict for the defendant. "My analysis of the testimony in this case," said the court, "is that the plaintiff has not shown that he in fact became totally and permanently disabled between the date of the issuance...
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