UNITED STATES v. MOORER

No. 7623.

77 F.2d 251 (1935)

UNITED STATES v. MOORER.

Circuit Court of Appeals, Fifth Circuit.

May 15, 1935


Attorney(s) appearing for the Case

Armistead L. Boothe, Atty., Dept. of Justice, of Washington, D. C., Wilbur C. Pickett and Fendall Marbury, Sp. Assts. to the Atty. Gen., and Alex C. Birch, U. S. Atty., and J. E. Meredith, Asst. U. S. Atty., both of Mobile, Ala.

Robert T. Ervin, Jr., of Mobile, Ala., and Hubert M. Hall, of Bay Minette, Ala., for appellee.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.


SIBLEY, Circuit Judge.

Moorer was raised on a farm, but began service as a soldier in 1914 and went to France in 1917. He was discharged from the Army May 19, 1919, and has paid no insurance premiums since. He sued on his war risk policy in June, 1932, claiming total and permanent disability at and since the date of his discharge. On the first trial the jury found against him, but a new trial was granted by the judge on affidavits of the jurors that they had misunderstood...

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