STEPHENSON v. UNITED STATES

No. 10156.

78 F.2d 355 (1935)

STEPHENSON v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

June 29, 1935.


Attorney(s) appearing for the Case

R. J. Schroeder, of St. Louis, Mo., for appellant.

W. Clifton Stone, Atty., Department of Justice, of Washington, D. C. (Harry C. Blanton, U. S. Atty., of Sikeston, Mo., Herbert H. Freer, Asst. U. S. Atty., of St. Louis, Mo., Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett and Randolph C. Shaw, Sp. Assts. to Atty. Gen., on the brief), for the United States.

Before GARDNER, SANBORN, and WOODROUGH, Circuit Judges.


WOODROUGH, Circuit Judge.

This is an appeal from a judgment in favor of the United States in an action upon a $10,000 policy of war risk insurance. The policy lapsed on May 1, 1919, unless the appellant was totally and permanently disabled on or before that date. At the conclusion of the plaintiff's evidence the jury was instructed to return a verdict for the defendant. The correctness of that ruling is the only question on appeal.

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