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UNITED STATES v. WIGGINS

No. 7596.

81 F.2d 911 (1936)

UNITED STATES v. WIGGINS.

Circuit Court of Appeals, Fifth Circuit.

February 18, 1936.

Attorney(s) appearing for the Case

J. Gregory Bruce, Atty., Department of Justice, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to the Atty. Gen., Young M. Smith, Atty., Department of Justice, and Will G. Beardslee, Director, Bureau of War Risk Litigation, both of Washington, D. C., and Thomas D. Samford, U. S. Atty., of Montgomery, Ala.

Albert J. Pickett, Jr., and Richard T. Rives, both of Montgomery, Ala., for appellee.

Before FOSTER, HUTCHESON, and WALKER, Circuit Judges.

FOSTER, Circuit Judge.

This is a suit on a policy of war risk insurance in the sum of $10,000 brought by the insured to mature the policy on the ground of total and permanent disability. Error is assigned to the refusal of the District Court to direct a verdict for defendant at the close of the evidence. The following facts appear from the record:

The policy lapsed on July 1, 1919, for nonpayment of premiums. There was evidence tending to show that at the...

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