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UNITED STATES v. McRAE

No. 3732.

73 F.2d 383 (1934)

UNITED STATES v. McRAE et al.

Circuit Court of Appeals, Fourth Circuit.

November 19, 1934.

Attorney(s) appearing for the Case

Keith L. Seegmiller, Atty., Department of Justice (J. O. Carr, U. S. Atty., of Wilmington, N. C., and Will G. Beardslee, Director, Bureau of War Risk Litigation, and Armistead L. Boothe, Atty., Department of Justice, both of Washington, D. C., on the brief), for the United States.

T. A. McNeill, of Lumberton, N. C. (W. E. Lynch, of Rowland, N. C., on the brief), for appellees.

Before PARKER and SOPER, Circuit Judges, and WATKINS, District Judge.

PER CURIAM.

This is a war risk insurance case, and the only question raised by the appeal is as to the sufficiency of the evidence to establish total and permanent disability while the policy was in force. Insured was discharged from the army suffering from arthritis in 1919, and the disease grew steadily worse until it caused his death in 1933. It appears that while he was in the army he was almost constantly in the hospital, being afflicted at various times with...

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