UNITED STATES v. LATIMER

No. 7516.

73 F.2d 311 (1934)

UNITED STATES v. LATIMER.

Circuit Court of Appeals, Fifth Circuit.

November 7, 1934.


Attorney(s) appearing for the Case

Kenneth E. Spencer, Atty., U. S. Department of Justice, of Washington, D. C., and Lawrence S. Camp, U. S. Atty., and Lawton H. Ware, Atty., Veterans' Administration, all of Atlanta, Ga., for the United States.

William N. Oliver and G. Fred Kelley, both of Gainesville, Ga., for appellee.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.


BRYAN, Circuit Judge.

The government appeals from a judgment against it in favor of the plaintiff Latimer in a suit on a war risk insurance policy which expired in March, 1920, for nonpayment of premium. Its contention here is that the evidence was insufficient to warrant the jury in finding that Latimer became totally and permanently disabled while the insurance remained in force, and hence that the trial court erred in denying its motion for a directed verdict....

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