UNITED STATES v. KNOLES

No. 10075.

75 F.2d 557 (1935)

UNITED STATES v. KNOLES.

Circuit Court of Appeals, Eighth Circuit.

January 31, 1935.


Attorney(s) appearing for the Case

Armistead L. Boothe, Atty., Department of Justice, of Washington, D. C. (George Philip, U. S. Atty., of Sioux Falls, S. D., Frank Wickhem, Asst. U. S. Atty., of Sioux Falls, S. D., and John T. Heffron, Asst. U. S. Atty., of Deadwood, S. D., on the brief), for the United States.

E. B. Adams and C. A. Wilson, both of Hot Springs, S. D., for appellee.

Before GARDNER, SANBORN, and VAN VALKENBURGH, Circuit Judges.


SANBORN, Circuit Judge.

This appeal is from a judgment entered upon a directed verdict in favor of the plaintiff in an action upon a policy of war risk insurance. The only question which we feel called upon to decide is whether the court erred in directing a verdict.

In his petition the plaintiff alleged total permanent disability since April, 1919, and a disagreement with the defendant (herein referred to as the government), which had "wholly failed and refused...

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