UNITED STATES v. MINTZ

No. 7319.

73 F.2d 457 (1934)

UNITED STATES v. MINTZ.

Circuit Court of Appeals, Fifth Circuit.

November 10, 1934.


Attorney(s) appearing for the Case

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

H. H. Evans, and Leslie C. Longshore, both of Anniston, Ala., for appellee.

Before BRYAN, HUTCHESON, and WALKER, Circuit Judges.


HUTCHESON, Circuit Judge.

Appellee, a disabled veteran suing on a war risk policy, had a verdict finding him totally and permanently disabled. This appeal from the judgment assigns only one error, the refusal to give the affirmative charge. We think the assignment must be sustained. Many disorders are claimed in the petition, but there is no substantial evidence of disease other than some form of heart trouble. At the time of the trial he was suffering from chronic...

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