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GOBLE v. UNITED STATES

No. 6311.

94 F.2d 275 (1938)

GOBLE v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied February 8, 1938.

Attorney(s) appearing for the Case

Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., Kenneth E. Spencer, Atty., Department of Justice, of Washington, D. C., James R. Fleming, U. S. Atty., of Fort Wayne, Ind., Luther M. Swygert, Asst. U. S. Atty., of Hammond, Ind., Alexander M. Campbell, Asst. U. S. Atty., of Fort Wayne, Ind., and Fendall Marbury, of Washington, D. C.

Clarence E. Benadum, of Muncie, Ind., for appellee.

Before EVANS and MAJOR, Circuit Judges, and LINDLEY, District Judge.

This is a war risk insurance case. The Government appeals from a judgment based upon a verdict in favor of the veteran. The jury found him totally and permanently disabled on February 15, 1919, the date of his discharge.

EVANS, Circuit Judge.

Goble enlisted January 5, 1918. He was honorably discharged February 15, 1919. His policy lapsed April 1, 1919, and his claim was filed June 25, 1931. Suit was begun May 28, 1935.

Plaintiff has suffered since...

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