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UNITED STATES v. HODGES

No. 6541.

74 F.2d 617 (1935)

UNITED STATES v. HODGES.

Circuit Court of Appeals, Sixth Circuit.

January 8, 1935.

Attorney(s) appearing for the Case

Fendall Marbury, of Washington, D. C., and James B. Frazier, Jr., of Chattanooga, Tenn. (Will G. Beardslee and Wilbur C. Pickett, both of Washington, D. C., on the brief), for the United States.

Frank P. Bowen, of Knoxville, Tenn., and R. L. Ogle, of Sevierville, Tenn. (J. O. Baker and Ray O. Shehan, both of Harlan, Ky., on the brief), for appellee.

Before HICKS, SIMONS and ALLEN, Circuit Judges.

SIMONS, Circuit Judge.

The suit below was upon a contract of war risk insurance, and the trial resulted in a verdict of the jury against the government. The only meritorious question here is whether the court erred in denying the defendant's motion for a directed verdict on the ground that there was no substantial evidence of the plaintiff's total and permanent disability during the life of the policy.

Hodges enlisted in the military service of the United...

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