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GRAY v. UNITED STATES

No. 10009.

76 F.2d 233 (1935)

GRAY v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

March 9, 1935.

Attorney(s) appearing for the Case

Fadjo Cravens and C. W. Knott, both of Fort Smith, Ark., for appellant.

John E. Harris, Asst. U. S. Atty., of Fort Smith, Ark. (Clinton R. Barry, U. S. Atty., of Fort Smith, Ark., and Will G. Beardslee, Director, Bureau of War Risk Litigation, and J. Gregory Bruce, Atty., Department of Justice, both of Washington, D. C., on the brief), for the United States.

Before WOODROUGH, Circuit Judge, and FARIS and DONOHOE, District Judges.

WOODROUGH, Circuit Judge.

This appeal is taken by the guardian of John James Gray, an insane veteran of the World War, from a judgment dismissing his suit upon a policy of war risk insurance. The only question for review is whether his showing of total and permanent disability during the life of the contract was sufficient. The trial court held it was not and directed a verdict for the government at the close of the plaintiff's evidence.

The insurance was...

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