UNITED STATES v. SEARS

No. 3753.

75 F.2d 194 (1935)

UNITED STATES v. SEARS.

Circuit Court of Appeals, Fourth Circuit.

January 16, 1935.


Attorney(s) appearing for the Case

C. L. Dawson, Atty., Department of Justice, of Washington, D. C. (Carlisle W. Higgins, U. S. Atty., of Greensboro, N. C., Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., and Randolph C. Shaw, Sp. Asst. to Atty. Gen., on the brief), for the United States.

F. B. Benbow, of Winston-Salem, N. C., and McNeill & McNeill, of Lumberton, N. C., for appellee.

Before PARKER and SOPER, Circuit Judges, and WEBB, District Judge.


PER CURIAM.

This is an appeal in a war risk insurance case in which the only issue involved is the sufficiency of the evidence to carry the case to the jury on the issue of total and permanent disability. The premiums paid kept the insurance in force till May 1, 1919. Insured died May 10, 1924, as the result of cerebral hemorrhage, although pulmonary tuberculosis was assigned as a contributory or secondary cause. There is evidence that he had had tuberculosis for...

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