UNITED STATES v. BAKER

No. 3731.

73 F.2d 455 (1934)

UNITED STATES v. BAKER et al.

Circuit Court of Appeals, Fourth Circuit.

November 19, 1934.


Attorney(s) appearing for the Case

W. C. Pickett, Sp. Asst. to Atty. Gen. (James O. Carr, U. S. Atty., of Wilmington, N. C., Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., and Fendall Marbury, Sp. Asst. to Atty. Gen., on the brief), for the United States.

Malcolm McQueen and J. V. Blackwell, both of Fayetteville, N. C. (H. C. Blackwell, of Fayetteville, N. C., on the brief), for appellees.

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


PER CURIAM.

This is an appeal in a war risk insurance case in which the only question involved is the sufficiency of the evidence to carry the case to the jury on the issue of total and permanent disability. The premiums paid kept the insurance in force till July 1, 1919. Insured died May 13, 1921, of miliary tuberculosis, or galloping consumption. Although there is evidence of symptoms which might have justified a finding that the insured had incipient tuberculosis...

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