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UNITED STATES v. STEMPLEWSKI

No. 5313.

73 F.2d 488 (1934)

UNITED STATES v. STEMPLEWSKI.

Circuit Court of Appeals, Third Circuit.

October 5, 1934.

Attorney(s) appearing for the Case

Horatio S. Dumbauld, U. S. Atty., and W. J. Aiken, Asst. U. S. Atty., both of Pittsburgh, Pa., and Young M. Smith and Will G. Beardslee, both of Washington, D. C.

Guy B. Hoge and Jacob Shulgold, both of Pittsburgh, Pa., for appellee.

Before DAVIS, Circuit Judge, and DICKINSON and KIRKPATRICK, District Judges.

KIRKPATRICK, District Judge.

This case involves nothing more than an application of principles of law, now well settled, to the facts before the court. The guiding authority is Lumbra v. United States, 290 U.S. 551, 54 S.Ct. 272, 78 L. Ed. 492. Under the facts of that case it was held that evidence was insufficient to submit to the jury upon the question of total permanent disability. Applying the same principles to the facts now before...

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