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WITMER v. UNITED STATES

No. 6377.

96 F.2d 745 (1938)

WITMER v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

April 29, 1938.

Attorney(s) appearing for the Case

Charles F. Uhl, U. S. Atty., and Stanley Granger, Asst. U. S. Atty., both of Pittsburgh, Pa., Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Young M. Smith, of Washington, D. C., Atty., Department of Justice.

Samuel Kaufman, of Pittsburgh, Pa., for appellee.

Before BUFFINGTON, DAVIS, and BIGGS, Circuit Judges.

DAVIS, Circuit Judge.

In a suit on a war risk insurance policy, the plaintiff, Witmer, recovered judgment in the sum of $5,757 against the government on a verdict of a jury. From this judgment the government has appealed.

The government contends that the District Court committed two errors, one by denying its motion for a directed verdict and the other by permitting an expert witness to testify that in his opinion the plaintiff was totally and permanently...

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