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UNITED STATES v. FARNSWORTH

Nos. 3820-3822, 3830, 3832.

77 F.2d 91 (1935)

UNITED STATES v. FARNSWORTH et al., and four other cases.

Circuit Court of Appeals, Fourth Circuit.

April 12, 1935.

Attorney(s) appearing for the Case

Wilbur C. Pickett and Fendall Marbury, Sp. Assts. to the Atty. Gen., Young M. Smith, Atty., Department of Justice, of Washington, D. C., and Bryce R. Holt, Asst. U. S. Atty., of Greensboro, N. C. (Carlisle W. Higgins, U. S. Atty., of Greensboro, N. C., Will G. Beardslee, Director, Bureau of War Risk Litigation and Armistead L. Boothe and Thomas E. Walsh, Attys., Department of Justice, all of Washington, D. C., and Randolph C. Shaw, Sp. Asst. to the Atty. Gen., on the briefs), for the United States.

George H. McNeill, of Washington, D. C. (McNeill & McNeill, of Washington, D. C., W. D. Austin, J. F. Jordan, of Wilkesboro, N. C., and Andrew H. Casey, of North Wilkesboro, N. C., on the briefs), for appellees Farnsworth, Canter, Hollar, and others.

Lee Overman Gregory, of Salisbury, N. C. (Charles L. Coggin, of Salisbury, N. C., on the brief), for appellees Sebastian and others.

H. C. Turner, of Albemarle, N. C., for appellee Barbee.

Before PARKER and NORTHCOTT, Circuit Judges, and WAY, District Judge.

PER CURIAM.

These are five war risk insurance cases in all of which verdicts should have been directed for the government. In four of them there is evidence from which the conclusion can be drawn that the persons insured were suffering from tuberculosis at the time of the lapse of the policies; but there is no evidence in any of these that, at the time of the lapse, the disease had reached such stage as to constitute total and permanent disability. In one of the cases...

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