UNITED STATES v. McCOY

No. 7180.

73 F.2d 786 (1934)

UNITED STATES v. McCOY.

Circuit Court of Appeals, Fifth Circuit.

November 22, 1934.


Attorney(s) appearing for the Case

Alex C. Birch, U. S. Atty., and J. E. Meredith, Asst. U. S. Atty., both of Mobile, Ala.

Harry Seale, of Mobile, Ala., and Frank M. Dixon, of Birmingham, Ala., for appellee.

Before BRYAN, HUTCHESON, and WALKER, Circuit Judges.


WALKER, Circuit Judge.

This is an appeal from a judgment in favor of the appellee in a suit brought in June, 1932, on a war risk insurance policy which ceased to be in force on August 31, 1919; the ruling relied on for reversal being the court's refusal to instruct the jury that if they believed the evidence they must find for the defendant.

The complaint alleged that during the life of the policy sued on the appellee became totally and permanently disabled...

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