L. HAND, Circuit Judge.
This appeal presents as its single ground that the plaintiff did not make out a case for submission to the jury; the issue being whether the insured, who was dead upon the second trial, had been permanently and totally disabled, when he was mustered out of the service. He had enlisted first on July 22, 1917, and had been gassed on July 7, 1918, and wounded on October 4, 1918, both times in action. He was in a hospital for three months and was...
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