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UNITED STATES v. JOURNEY

No. 1346.

82 F.2d 772 (1936)

UNITED STATES v. JOURNEY.

Circuit Court of Appeals, Tenth Circuit.

March 21, 1936.

Attorney(s) appearing for the Case

R. T. McCluggage, Asst. U. S. Atty., of Topeka, Kan. (Summerfield S. Alexander, U. S. Atty., of Topeka, Kan., Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., Fendall Marbury, Sp. Asst. to Atty. Gen., and Thomas E. Walsh, Atty., Department of Justice, of Washington, D. C., on the brief), for the United States.

E. D. Mikesell, of Fredonia, Kan. (J. B. Journey, of Nevada, Mo., and Samuel M. January, of Denver, Colo., on the brief), for appellee.

Before PHILLIPS and McDERMOTT, Circuit Judges, and KENNEDY, District Judge.

PHILLIPS, Circuit Judge.

Journey brought this action to recover on a term policy of War Risk Insurance. Trial by jury was waived by a written stipulation.

At the close of the evidence, counsel for the United States moved for judgment, first, on the ground that there was no disagreement, and second, there was no substantial evidence establishing that Journey was totally and permanently disabled on or before September 1, 1919, and that his policy lapsed on that...

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