UNITED STATES v. SESSIN

No. 1392.

84 F.2d 667 (1936)

UNITED STATES v. SESSIN.

Circuit Court of Appeals, Tenth Circuit.

July 3, 1936.


Attorney(s) appearing for the Case

Fendall Marbury, Sp. Asst. to Atty. Gen., of Washington, D. C. (Summerfield S. Alexander, U. S. Atty., of Topeka, Kan., L. A. Lawlor, Acting Director, Bureau of War Risk Litigation, of Washington, D. C., and Wilbur C. Pickett, Sp. Asst. to Atty. Gen., 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.


McDERMOTT, Circuit Judge.

A jury, properly instructed, returned a verdict for plaintiff on his war risk insurance policy; judgment was entered thereon and the government appeals.

1. The trial court denied a motion for an instructed verdict and the error assigned to that ruling is the main reason urged for reversal.

The assignment is without merit. It should be enough to point out that plaintiff has followed explicitly the treatments prescribed by government...

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