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BYRNE v. UNITED STATES

No. 450.

77 F.2d 829 (1935)

BYRNE v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

June 10, 1935.

Attorney(s) appearing for the Case

Martin Conboy, U. S. Atty., of New York City (Walter H. Schulman, Asst. U. S. Atty., of New York City, of counsel), for defendant-appellant.

John M. MacGregor, of New York City (Warren E. Miller, of Washington, D. C., of counsel), for plaintiff-appellee.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The plaintiff Byrne recovered a judgment against the United States for $6,690.75 upon a policy of war risk insurance. The complaint alleged that while the policy was in force he became totally and permanently disabled, and the question before us is whether the proof of total and permanent disability offered was sufficient to make a case for submission to the jury that rendered the verdict on...

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