UNITED STATES v. HAYWOOD

No. 7443.

73 F.2d 378 (1934)

UNITED STATES v. HAYWOOD.

Circuit Court of Appeals, Fifth Circuit.

November 10, 1934.


Attorney(s) appearing for the Case

Jos. H. San, Atty., U. S. Department of Justice, of New York City, and Jim C. Smith, U. S. Atty., of Birmingham, Ala.

Frank M. Dixon, of Birmingham, Ala., for appellee.

Before BRYAN, HUTCHESON and WALKER, Circuit Judges.


HUTCHESON, Circuit Judge.

Another war risk case in which appellee has had a verdict, and the government claims the evidence insufficient to sustain it, this case turns on whether the injury to the foot from which chronic osteomyelitis developed is, on the record, a total and permanent disability. The evidence does establish that appellee is and has been incapacitated from performing heavy manual labor which requires the constant use of his foot. It proves no more...

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