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CAREY v. UNITED STATES

No. 924.

69 F.2d 766 (1934)

CAREY et al. v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

March 21, 1934.

Attorney(s) appearing for the Case

N. E. McNeill, of Tulsa, Okl. (Philip J. Kramer, of Tulsa, Okl., on the brief), for appellants.

Randolph C. Shaw, Sp. Asst. to Atty. Gen. (Clarence E. Bailey and A. E. Williams, U. S. Attys., both of Tulsa, Okl., and John M. George, Atty., Department of Justice, of Washington, D. C., on the brief), for the United States.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.

PHILLIPS, Circuit Judge.

Alma A. Carey, individually, as next of kin of Martha Jane Carey a minor, and as administratrix of the estate of Dennis J. Carey, brought this suit to recover on a policy of war risk insurance. Trial by jury was duly waived, and the cause tried to the court. At the close of the evidence counsel for both parties moved for judgment. The court found that Dennis J. Carey was not totally and permanently disabled at the time his policy of war risk...

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