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UNITED STATES v. STEADMAN

No. 1008.

73 F.2d 706 (1934)

UNITED STATES v. STEADMAN.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied November 30, 1934.

Attorney(s) appearing for the Case

John S. Boyden, Asst. U. S. Atty., of Salt Lake City, Utah, and Thomas E. Walsh, Atty., Department of Justice, of Washington, D. C. (Dan B. Shields, U. S. Atty., and Edgar C. Jensen, Asst. U. S. Atty., both of Salt Lake City, Utah, Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., and Randolph C. Shaw, Sp. Asst. to the Atty. Gen., on the brief), for the United States.

J. M. Lampert, of Boise, Idaho (B. W. Oppenheim and J. B. Musser, both of Boise, Idaho, on the brief), for appellee.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

LEWIS, Circuit Judge.

Appellee enlisted in the military service March 2, 1918, saw service in France, was in hospital for flu a short time, was honorably discharged May 5, 1919, and returned to his father's home in Utah that month. He recovered judgment on a war risk insurance policy which expired on July 1, 1919, unless he was then totally and permanently disabled from following a gainful occupation. He alleged he was so disabled. Appellant denied it. The burden...

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