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POOLE v. UNITED STATES

No. 3464.

65 F.2d 795 (1933)

POOLE v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

June 15, 1933.

Attorney(s) appearing for the Case

Lee Overman Gregory, of Salisbury, N. C., for appellant.

J. R. McCrary, U. S. Atty., of Greensboro, N. C., and Wilbur C. Pickett, of Washington, D. C., Atty., Veterans' Administration (Davis G. Arnold and John Mock, both of Washington, D. C., Attys., Veterans' Administration, on the brief), for the United States.

Before PARKER and SOPER, Circuit Judges, and ERNEST F. COCHRAN, District Judge.

PER CURIAM.

This is an appeal in a war risk insurance case. Jury trial was waived, and the case was heard by the District Judge without a jury. The judge found that the plaintiff, at the time that his policy lapsed for nonpayment of premiums in 1919, had a mental impairment diagnosed at various times as dementia præcox; that plaintiff was in such a mental state from the date of his discharge until October, 1924, that he was mentally incapable of following continuously...

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