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UNITED STATES v. SPAULDING

No. 7137.

68 F.2d 656 (1934)

UNITED STATES v. SPAULDING.

Circuit Court of Appeals, Fifth Circuit.

February 1, 1934.

Attorney(s) appearing for the Case

George Earl Hoffman, U. S. Atty., of Pensacola, Fla., and Will G. Beardslee, Sp. Asst. to Atty. Gen., for the United States.

Philip D. Beall, of Pensacola, Fla., for appellee.

Before BRYAN, SIBLEY, and WALKER, Circuit Judges.

SIBLEY, Circuit Judge.

Irah D. Spaulding sued and recovered on a policy of war risk insurance as for a total permanent disability arising before the lapse of his policy on November 30, 1923. On this appeal by the United States the sole error insisted on is the refusal to direct a verdict against the plaintiff. In broad outline the evidence tended to show that Spaulding enlisted in the navy in 1917, and soon became an aviator. In June, 1920, he was taken with severe...

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