ROSE v. UNITED STATES

No. 6380.

69 F.2d 966 (1934)

ROSE v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

March 12, 1934.


Attorney(s) appearing for the Case

T. H. Morris, of Johnson City, Tenn. (R. L. Pope, of Knoxville, Tenn., on the brief), for appellant.

MacSwinford, of Covington, Ky. (Sawyer A. Smith, of Covington, Ky., Marion W. Moore, of Lexington, Ky., and Davis G. Arnold and John Mock, both of Washington, D. C., on the brief), for the United States.

Before HICKS and SIMONS, Circuit Judges, and HAHN, District Judge.


PER CURIAM.

Suit upon a war risk insurance policy. The main issue was whether the insured, James Milford Rose, became permanently and totally disabled during the life of the policy. The parties by written stipulation waived trial by jury and consented that the court might make "separate findings of fact and conclusions of law * * *."

The court found that the premiums on the policy were paid up only to the date of the insured's discharge from the army, and...

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