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UNITED STATES v. PHILLIPS

No. 7400.

94 F.2d 903 (1938)

UNITED STATES v. PHILLIPS.

Circuit Court of Appeals, Sixth Circuit.

February 15, 1938.

Attorney(s) appearing for the Case

F. Marbury, of Washington, D. C. (Horace Frierson, Jr., and A. O. Denning, both of Nashville, Tenn., Richard N. Ivins, of Chattanooga, Tenn., and Julius C. Martin, Wilbur C. Pickett, and Thomas E. Walsh, all of Washington, D. C., on the brief), for appellant.

A. H. Roberts, of Nashville, Tenn. (Roberts & Roberts and Harry G. Nichol, all of Nashville, Tenn., on the brief), for appellee.

Before HICKS, Circuit Judge, and HAMILTON and SWINFORD, District Judges.

SWINFORD, District Judge.

This is a war risk insurance case. There was a verdict and judgment for appellee. The appellant complains of but one error; that the trial judge should have directed a verdict for it on the ground that there was no substantial evidence of total permanent disability.

The veteran enlisted in the army on May 27, 1918, and served until discharged on May 29, 1919. He was severely wounded in France, returned to this country under hospitalization...

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