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UNITED STATES v. BOOTH

No. 5742.

79 F.2d 128 (1935)

UNITED STATES v. BOOTH.

Circuit Court of Appeals, Third Circuit.

July 26, 1935.

Attorney(s) appearing for the Case

Horatio S. Dumbauld, U. S. Atty., and Stanley Granger, Asst. U. S. Atty., both of Pittsburgh, Pa.

Young M. Smith, Will G. Beardslee, Wilbur C. Pickett, and Randolph C. Shaw, all of Washington, D. C., and Charles G. Lane, Jr., of Pittsburgh, Pa., for appellee.

Before BUFFINGTON and THOMPSON, Circuit Judges, and JOHNSON, District Judge.

THOMPSON, Circuit Judge.

This is an appeal from a judgment of the District Court for the Western District of Pennsylvania. The appellee brought suit to recover on a war risk insurance policy which insured him against total and permanent disability. The premiums were paid up to April 22, 1919, and thereafter were allowed to lapse. At the trial the appellant moved for a directed verdict on the ground that the appellee had failed to sustain the burden of proving that...

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