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UNITED STATES v. COLE

No. 5618.

82 F.2d 655 (1936)

UNITED STATES v. COLE.

Circuit Court of Appeals, Seventh Circuit.

March 18, 1936.

Attorney(s) appearing for the Case

Armistead L. Boothe, of Washington, D. C., James R. Fleming, U. S. Atty., of Fort Wayne, Ind., Luther M. Swygert, Asst. U. S. Atty., of Hammond, Ind., Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to the Atty. Gen., and J. Gregory Bruce, Atty., Department of Justice, of Washington, D. C., for the United States.

Clarence E. Benadum, of Muncie, Ind., for appellee.

Before EVANS and SPARKS, Circuit Judges, and BALTZELL, District Judge.

EVANS, Circuit Judge.

This action was brought to recover benefits upon a war risk insurance policy, for alleged total and permanent disability. The complaint was filed December 28th, 1931. The jury found that appellee became totally and permanently disabled on September 15th, 1919. Judgment was afterwards rendered upon the verdict.

It is the contention of appellant that there was no substantial evidence to support the verdict, and, that therefore, the District...

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