UNITED STATES v. KLEVER

No. 8556.

93 F.2d 15 (1937)

UNITED STATES v. KLEVER.

Circuit Court of Appeals, Ninth Circuit.

November 23, 1937.


Attorney(s) appearing for the Case

James M. Simpson, U. S. Atty., of Spokane, Wash., Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Thomas E. Walsh, Sp. Asst. to Atty. Gen., Wilbur C. Pickett, of Washington, D. C., George R. Stuntz, of Seattle, Wash., and Young M. Smith, of Washington, D. C.

Hawley & Worthwine and Oscar Worthwine, all of Boise, Idaho, and E. A. Cornelius, of Spokane, Wash., for appellee.

Before DENMAN, STEPHENS, and HEALY, Circuit Judges.


DENMAN, Circuit Judge.

This is an appeal by the United States from a judgment entered upon a verdict for the plaintiff in an action brought to recover payments alleged to be due under a war risk insurance contract, insuring plaintiff against total and permanent disability.

Plaintiff's service in the armed forces of the United States, the execution of the policy and its continuation in force by payment of premiums until May 30, 1919, are admitted. The sole...

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