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UNITED STATES v. TOWNSEND

No. 3902.

81 F.2d 1013 (1936)

UNITED STATES v. TOWNSEND et al.

Circuit Court of Appeals, Fourth Circuit.

February 22, 1936.

Attorney(s) appearing for the Case

Young M. Smith, of Washington, D. C., Atty., Department of Justice (Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to the Atty. Gen., and James O. Carr, U. S. Atty., of Wilmington, N. C., on the brief), for the United States.

J. M. Broughton, of Raleigh, N. C. (E. G. Hobbs, of Selma, N. C., and Wm. H. Yarborough, Jr., of Raleigh, N. C., on the brief), for appellees.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PARKER, Circuit Judge.

This is the second appeal by the government in the war risk insurance case, which was before us in U. S. v. Townsend, 73 F.2d 222. Two questions are presented: (1) Whether there was sufficient evidence of total and permanent disability during the life of the policy to sustain a verdict for plaintiffs; and (2) whether plaintiffs have shown a "disagreement" within the meaning of the statute as prerequisite to...

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