UNITED STATES v. FLIPPENCE

No. 983.

72 F.2d 611 (1934)

UNITED STATES v. FLIPPENCE.

Circuit Court of Appeals, Tenth Circuit.

August 15, 1934.


Attorney(s) appearing for the Case

Edgar C. Jensen, Asst. U. S. Atty., of Salt Lake City, Utah, and J. Gregory Bruce, of Washington, D. C., Atty., Department of Justice (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 (Joseph 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.


McDERMOTT, Circuit Judge.

A jury, fairly instructed, found appellee became totally and permanently disabled on or before May 31, 1919. The only error argued is that a verdict should have been directed for appellant. Under the wellsettled rule of the common law, our inquiry is whether, assuming the truthfulness of testimony adduced by appellee, there is substantial evidence of such total and permanent disability during the life of the policy. We cannot review the facts...

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