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DEMMON v. UNITED STATES

No. 7641.

77 F.2d 419 (1935)

DEMMON v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied June 6, 1935.

Attorney(s) appearing for the Case

O. S. Thacker and Lawrence Rogers, both of Kissimmee, Fla., and Wm. Joe Sears, Jr., and Dana Brown, both of Jacksonville, Fla., for appellant.

Armistead L. Boothe, Atty., Department of Justice, of Washington, D. C., and John W. Holland, U. S. Atty., of Jacksonville, Fla., for the United States.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

Appellant is another of that lengthening procession of suitors on war risk policies,1 who, claiming that total and permanent disability existed many years ago while the policies were in force by payment of premiums, find themselves unable to show more than partial disability, or, if now totally and permanently disabled, unable to show that they were so then.

Appellant has twice tried his case. Once a jury...

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