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UNITED STATES v. McRAE

No. 3801.

77 F.2d 88 (1935)

UNITED STATES v. McRAE.

Circuit Court of Appeals, Fourth Circuit.

April 12, 1935.

Attorney(s) appearing for the Case

S. Henry Edmunds, Jr., Asst. U. S. Atty., of Charleston, S. C., and Thomas E. Walsh, Atty., Department of Justice, of Washington, D. C. (Claud N. Sapp, U. S. Atty., of Columbia, S. C., Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., and Wilbur C. Pickett and Fendall Marbury, Sp. Assts. to Atty. Gen., on the brief), for the United States.

R. K. Wise, of Columbia, S. C. (J. E. Dudley, Jr., of Bennettsville, S. C., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PER CURIAM.

This is an appeal in a war risk insurance case. The policy expired on July 1, 1919, and insured died as the result of a gunshot wound in August, 1920. There is evidence from which the conclusion can be drawn that insured was suffering from tuberculosis while his policy was in force; but it is not established that the disease at that time had reached such a stage as to constitute total and permanent disability. Plaintiff relies on the expert testimony of...

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