UNITED STATES v. TARRER

No. 7610.

77 F.2d 423 (1935)

UNITED STATES v. TARRER.

Circuit Court of Appeals, Fifth Circuit.

April 25, 1935.


Attorney(s) appearing for the Case

J. Gregory Bruce, Atty., Department of Justice, of Washington, D. C., and T. Hoyt Davis, U. S. Atty., and H. Grady Rawls, Asst. U. S. Atty., both of Macon, Ga., for the United States.

Alexis A. Marshall and Gilbert C. Robinson, both of Montezuma, Ga., for appellee.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.


BRYAN, Circuit Judge.

Appellee, as beneficiary under a war risk term insurance policy, sued and recovered judgment based on the total and permanent disability of the insured during the life of the policy. Errors assigned on the overruling of appellant's demurrer to the petition, and the denial of its motion for a directed verdict, present the questions (1) whether appellee's claim as beneficiary was barred by 38 USCA § 445, and whether there was sufficient proof...

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