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GARVIN v. UNITED STATES

No. 4059.

86 F.2d 325 (1936)

GARVIN v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

November 9, 1936.

Attorney(s) appearing for the Case

Lewis L. Rishel, of Asheville, N.C., for appellant.

Young M. Smith, Atty., Department of Justice, of Washington, D. C. (Marcus Erwin, U. S. Atty., of Asheville, N. C., W. R. Francis, Asst. U. S. Atty., of Waynesville, N. C., W. M. Nicholson, Asst. U. S. Atty., of Lincolnton, N. C., Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett and Randolph C. Shaw, Special Assts. to Atty. Gen., and Samuel Flatow, Sp. Atty., Department of Justice, of Washington, D. C., on the brief), for the United States.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PER CURIAM.

This is an appeal in a war risk insurance case in which verdict was directed for the government; and the only question which it presents is whether there was sufficient evidence of total and permanent disability during the period for which premiums were paid to take the case to the jury on that issue. We agree with the judge below that there was not.

Insured was unquestionably suffering from tuberculosis at the time that his policy lapsed; but...

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