UNITED STATES v. WORSLEY

No. 1011.

72 F.2d 776 (1934)

UNITED STATES v. WORSLEY.

Circuit Court of Appeals, Tenth Circuit.

August 17, 1934.


Attorney(s) appearing for the Case

John S. Boyden, Asst. U. S. Atty., of Salt Lake City, Utah, and J. Gregory Bruce, Atty., Department of Justice, of Washington, D. C. (Dan B. Shields, U. S. Atty., 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.

Joseph G. Jeppson, of Salt Lake City, Utah (Jess Hawley, Oscar W. Worthwine, and Hawley & Worthwine, all of Boise, Idaho, on the brief), for appellee.

Before LEWIS, McDERMOTT, and BRATTON, Circuit Judges.


McDERMOTT, Circuit Judge.

Again we examine a record for the single purpose of ascertaining whether the trial court should have directed a verdict for the government in a suit on a war risk insurance policy. The claim is for total and permanent disability; the critical date, December 31, 1919.

The plaintiff was thirty years old when he enlisted in August, 1918; he had an eighth grade education and was in good health. Just prior to enlistment he had worked five...

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