UNITED STATES v. HIGBEE

No. 1010.

72 F.2d 773 (1934)

UNITED STATES v. HIGBEE.

Circuit Court of Appeals, Tenth Circuit.

August 17, 1934.


Attorney(s) appearing for the Case

Thomas E. Walsh, Atty., Department of Justice, of Washington, D. C., and John S. Boyden, Asst. U. S. Atty., of Salt Lake City, Utah (Dan B. Shields, U. S. Atty., and Edgar C. Jensen, 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 and Jess Hawley, both of Boise, Idaho, on the brief), for appellee.

Before LEWIS, McDERMOTT, and BRATTON, Circuit Judges.


BRATTON, Circuit Judge.

William J. Higbee, hereinafter called insured, recovered upon a war risk insurance contract. He enlisted August 8, 1917, and was discharged October 14, 1918. The policy lapsed December 1, 1918, unless he became totally and permanently disabled prior to that time. The case was tried to a jury, and the only question presented is whether the finding of total and permanent disability is supported by substantial evidence.

Insured's asserted...

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