UNITED STATES v. JONES

No. 7453.

73 F.2d 376 (1934)

UNITED STATES v. JONES.

Circuit Court of Appeals, Fifth Circuit.

November 10, 1934.


Attorney(s) appearing for the Case

Armistead L. Boothe, Atty., Department of Justice, of Washington, D. C., and Jim C. Smith, U. S. Atty., of Birmingham, Ala.

John J. Sparkman, Douglass Taylor, and S. H. Richardson, all of Huntsville, Ala., for appellee.

Before BRYAN, HUTCHESON and WALKER, Circuit Judges.


HUTCHESON, Circuit Judge.

Assigning one error, the failure of the trial court to instruct a verdict for it, the United States is here in a war risk case urging that the judgment may not stand.

Based on a varicose condition of his left leg which has manifested various degrees of intensity during the thirteen years since he left the Army with it, the suit affirms that its disabling effects are total and permanent. The defense denies that they are. On this issue...

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