UNITED STATES v. BODGE

No. 1380.

85 F.2d 433 (1936)

UNITED STATES v. BODGE.

Circuit Court of Appeals, Tenth Circuit.

August 13, 1936.


Attorney(s) appearing for the Case

Randolph C. Shaw, of Washington, D. C. (Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to the Atty. Gen., J. Gregory Bruce, Atty., Department of Justice, of Washington, D. C., and Summerfield S. Alexander, U. S. Atty., and R. T. McCluggage, Asst. U. S. Atty., both of Topeka, Kan., on the brief), for the United States.

Lawrence E. Goldman, of Kansas City, Mo. (Frank R. Daley and Goldman & Daley, all of Kansas City, Mo., on the brief), for appellee.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.


BRATTON, Circuit Judge.

This is an action on a war risk insurance contract. Plaintiff enlisted in June, 1918, served overseas, and was discharged in June, 1919. Premiums paid and the grace period continued the policy in force until October 31, 1919. The only question presented is whether the finding of the jury that insured became totally and permanently disabled on or before that date is supported by substantial evidence.

In the determination of that question...

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