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NOBLE v. UNITED STATES

No. 11073.

98 F.2d 441 (1938)

NOBLE v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

August 9, 1938.

Attorney(s) appearing for the Case

Frederick H. Wagener, of Lincoln, Neb., and Carl T. Self, of Omaha, Neb., for appellant.

Kenneth E. Spencer, Atty., Department of Justice, of Washington, D. C. (Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Edward G. Dunn, U. S. Atty., of Mason City, Iowa, Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Young M. Smith, Atty., Department of Justice, of Washington, D. C., on the brief), for the United States.

Before GARDNER, WOODROUGH, and THOMAS, Circuit Judges.

GARDNER, Circuit Judge.

This is a war risk insurance case. The pleadings, which are for the most part in conventional form, disclose that appellant, who was plaintiff below, claimed that on or about April 26, 1918, while in military service, he was struck on the head by a falling beam and that due to that injury he became totally and permanently disabled. By an amended petition, it was alleged that plaintiff received total permanent disability and injuries while the...

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