ROSE v. UNITED STATES

No. 919.

70 F.2d 68 (1934)

ROSE v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

March 21, 1934.


Attorney(s) appearing for the Case

Paul F. Showalter, of Oklahoma City, Okl. (M. Ralph Brown, of Albuquerque, N. M., on the brief), for appellant.

Randolph C. Shaw, Sp. Asst. to Atty. Gen., of Washington, D. C. (Wm. J. Barker, U. S. Atty., of Santa Fe, N. M., and Gilberto Espinosa, Asst. U. S. Atty., of Albuquerque, N. M., on the brief), for the United States.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.


McDERMOTT, Circuit Judge.

A jury found for the government in this action upon a war risk insurance policy. Whether the trial court erred in admitting evidence that plaintiff was paid from $50 to $80 a month under the Compensation Act is the only error assigned.

Plaintiff entered the service in 1918 as an army registered nurse; she was then in good health. After five years in the army she was discharged in ill health, having lost from 28 to 30 pounds in weight...

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