UNITED STATES v. BOYETT

No. 8556.

92 F.2d 438 (1937)

UNITED STATES v. BOYETT.

Circuit Court of Appeals, Fifth Circuit.

October 26, 1937.


Attorney(s) appearing for the Case

Keith L. Seegmiller, Atty., Department of Justice, of Washington, D. C., Wilbur C. Pickett and Fendall Marbury, Sp. Assts. to Atty. Gen., Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., and H. G. Rawls, Asst. U. S. Atty., of Macon, Ga.

Paul Blanchard and Roy S. Levinson, both of Columbus, Ga., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.


HOLMES, Circuit Judge.

This appeal is from a judgment on a verdict of the jury in favor of appellee as administratrix of the estate of Robert Douglas Holton, deceased, in an action on a policy of government insurance. Appellant relies for reversal on the refusal of the court to sustain its motion for a directed verdict.

Deceased contracted lobar pneumonia on January 31, 1934. During that illness an abscess developed on his lung, from which he never fully recovered...

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