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UNITED STATES v. HARLESS

No. 3747.

76 F.2d 317 (1935)

UNITED STATES v. HARLESS.

Circuit Court of Appeals, Fourth Circuit.

Decided April 2, 1935.

Attorney(s) appearing for the Case

C. L. Dawson, Atty., Department of Justice, of Washington, D. C. (George I. Neal, U. S. Atty., of Huntington, W. Va., Charles M. Love, Jr., Asst. U. S. Atty., of Charleston, W. Va., Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Young M. Smith, Atty., Department of Justice, of Washington, D. C., on the brief), for the United States.

Thomas W. Peyton, of Huntington, W. Va. (Ernest E. Winters, Jr., and John W. Hereford, both of Huntington, W. Va., on the brief), for appellee.

Before NORTHCOTT and SOPER, Circuit Judges, and GLENN, District Judge.

NORTHCOTT, Circuit Judge.

This is an action at law brought in the District Court of the United States for the Southern District of West Virginia, at Huntington, by appellee, hereinafter referred to as plaintiff, against the United States, seeking to recover under the total and permanent disability clause of a war risk insurance contract. There was a trial in March, 1934, and the jury returned a verdict for the plaintiff in the sum of $10,350, upon which verdict the...

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