UNITED STATES v. THOMSON

No. 973.

71 F.2d 860 (1934)

UNITED STATES v. THOMSON.

Circuit Court of Appeals, Tenth Circuit.

June 18, 1934.


Attorney(s) appearing for the Case

Randolph C. Shaw, Sp. Asst. to Atty. Gen. (Wm. J. Barker, U. S. Atty., of Santa Fé, N. M., and A. Gilberto Espinosa, Asst. U. S. Atty., of Albuquerque, N. M., on the brief), for the United States.

Joseph L. Dailey, of Albuquerque, N. M. (Pearce C. Rodey and Don L. Dickason, both of Albuquerque, N. M., on the brief), for appellee.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.


BRATTON, Circuit Judge.

This is a suit to recover upon a war risk insurance contract. A jury was waived. The court found that the insured became totally and permanently disabled on June 1, 1920, while the policy was in force and effect. Judgment was rendered in his favor, and this appeal followed.

The finding of total and permanent disability is challenged. We are told that it is not supported by substantial evidence. Under the often-repeated rule, the burden...

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