UNITED STATES v. SANDIFER

No. 7368.

76 F.2d 551 (1935)

UNITED STATES v. SANDIFER.

Circuit Court of Appeals, Fifth Circuit.

March 4, 1935.


Attorney(s) appearing for the Case

Philip H. Mecom, U. S. Atty., and J. Fair Hardin, Asst. U. S. Atty., both of Shreveport, La., and Young M. Smith, Atty., Department of Justice, of Washington, D. C., for the United States.

K. Hundley, of Alexandria, La., for appellee.

Before BRYAN, HUTCHESON, and WALKER, Circuit Judges.


HUTCHESON, Circuit Judge.

The suit was on a war risk insurance contract. Appellant seeks a reversal on one ground, that plaintiff did not prove total and permanent disability occurring before the lapse of his policy, and the court erred in not instructing the jury so.

Here appellant, conceding that plaintiff did show that he has had active tuberculosis at times totally, and at times partially, disabling him, insists that plaintiff failed to show that the disablement...

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