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UNITED STATES v. BROWN

No. 982.

72 F.2d 608 (1934)

UNITED STATES v. BROWN.

Circuit Court of Appeals, Tenth Circuit.

August 13, 1934.

Attorney(s) appearing for the Case

Edgar C. Jensen, Asst. U. S. Atty., of Salt Lake City, Utah, and Thos. E. Walsh, Atty., Dept. of Justice, of Washington, D. C. (Dan B. Shields, U. S. Atty., and John S. Boyden, Asst. U. S. Atty., both of Salt Lake City, Utah, on the brief), for the United States.

Oscar W. Worthwine, of Boise, Idaho (Jos. G. Jeppson, of Salt Lake City, Utah, and Jess Hawley, of Boise, Idaho, on the brief), for appellee.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

PHILLIPS, Circuit Judge.

From a judgment in favor of Merl William Brown on a policy of war risk insurance, the United States has appealed.

Pending the appeal Brown died, and Emma Elmira Brown, administratrix of his estate, was duly substituted as appellee.

At the trial the United States by proper motion raised the question of the sufficiency of the evidence to establish that Brown became totally and permanently disabled while his policy was kept in...

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