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UNITED STATES v. PRITCHARD

No. 1604.

95 F.2d 619 (1938)

UNITED STATES v. PRITCHARD.

Circuit Court of Appeals, Tenth Circuit.

March 24, 1938.

Attorney(s) appearing for the Case

Thomas E. Walsh, of Washington, D. C. (Summerfield S. Alexander, U. S. Atty., and R. T. McCluggage, Asst. U. S. Atty., both of Topeka, Kan., Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to the Atty. Gen., and Young M. Smith, Atty., Department of Justice, of Washington, D. C., on the brief), for the United States.

Claude I. Depew, of Wichita, Kan. (W. E. Stanley, of Wichita, Kan., and R. C. Russell, of Great Bend, Kan., on the brief), for appellee.

Before LEWIS, PHILLIPS, and BRATTON, Circuit Judges.

PHILLIPS, Circuit Judges.

From a judgment on a policy of war risk insurance in favor of Wayne Pritchard, guardian of Paul Pritchard, the United States has appealed.

By its general verdict the jury necessarily found that Paul Pritchard, the insured, became permanently and totally disabled on or before January 31, 1919, when the policy would otherwise have lapsed for nonpayment of premiums. The sufficiency of the evidence to support that finding is the sole...

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