UNITED STATES v. FERGUSON

No. 7501.

74 F.2d 44 (1934)

UNITED STATES v. FERGUSON et al.

Circuit Court of Appeals, Fifth Circuit.

December 11, 1934.


Attorney(s) appearing for the Case

S. D. Bennett, U. S. Atty., of Beaumont, Tex., D. Vance Swann, Bureau of War Risk Litigation, of Dallas, Tex., Randolph C. Shaw, Sp. Asst. to Atty. Gen., and Young M. Smith, Atty., Department of Justice, of Washington, D. C., for the United States.

J. A. R. Moseley, Jr., of Texarkana, Tex., for appellee.

Before BRYAN, FOSTER, and WALKER, Circuit Judges.


BRYAN, Circuit Judge.

This is an action on a war risk insurance policy which expired in May, 1919, for nonpayment of premium. Appellees, suing as beneficiaries, and alleging that during the life of the policy the insured became totally and permanently disabled, recovered judgment. The government, in support of its appeal, assigns as error the denial by the trial court of its motion for the peremptory instruction, which was based on the ground that the evidence was...

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