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UNITED STATES v. WILSON

No. 1182.

78 F.2d 465 (1935)

UNITED STATES v. WILSON.

Circuit Court of Appeals, Tenth Circuit.

June 25, 1935.

Attorney(s) appearing for the Case

Randolph C. Shaw, Sp. Asst. to Atty. Gen. (Summerfield S. Alexander, U. S. Atty., of Topeka, Kan., Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Armistead L. Boothe, Atty., Department of Justice, of Washington, D. C., on the brief), for the United States.

Harry L. Thomas, of Kansas City, Mo. (George E. Gard, of Kansas City, Kan., on the brief), for appellee.

Before LEWIS, McDERMOTT, and BRATTON, Circuit Judges.

McDERMOTT, Circuit Judge.

Appellee has a judgment on his war risk insurance policy. At the conclusion of the trial, appellant moved for judgment — there was no jury — on the single specific ground that the proof failed to show the requisite disability. The trial court, taking the other view of the case after ample deliberation, denied the motion and allowed an exception in the journal entry of judgment. The appeal was perfected, the only error assigned...

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