UNITED STATES v. RYE

No. 930.

70 F.2d 150 (1934)

UNITED STATES v. RYE.

Circuit Court of Appeals, Tenth Circuit.

April 5, 1934.


Attorney(s) appearing for the Case

Randolph C. Shaw, of Washington, D. C. (W. F. Rampendahl and Philas S. Jones, both of Muskogee, Okl., on the brief), for the United States.

A. L. Brook, of Muskogee, Okl. (Eck E. Brook, of Muskogee, Okl., on the brief), for appellee.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.


BRATTON, Circuit Judge.

This is a suit on a war risk insurance contract. Trial by jury was waived. The court found that plaintiff became totally and permanently disabled on November 10, 1918, while the policy was in force. Judgment was rendered accordingly and the case came here on appeal.

It is contended that the finding of total and permanent disability is not supported by substantial evidence. A proper motion was interposed at the close of the evidence...

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