UNITED STATES v. MIDDLETON

No. 6883.

81 F.2d 205 (1936)

UNITED STATES v. MIDDLETON.

Circuit Court of Appeals, Sixth Circuit.

January 17, 1936.


Attorney(s) appearing for the Case

C. P. J. Mooney, of Memphis, Tenn. (William McClanahan, of Memphis, Tenn., and Will G. Beardslee and Thomas E. Walsh, both of Washington, D. C., on the brief), for the United States.

J. C. Davis, of Lexington, Tenn. (Winfred H. Lancaster, of Lexington, Tenn., on the brief), for appellee.

Before MOORMAN, SIMONS, and ALLEN, Circuit Judges.


SIMONS, Circuit Judge.

This appeal again raises the vexed question as to whether total and permanent disability of a war veteran, asserted many years after the lapse of his policy, is by substantial evidence of continuity, traced to injury or illness suffered during the life of the policy, though not at that time recognized as constituting such disability. The question was presented by motion for directed verdict on the ground that the evidence failed to establish...

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