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UNITED STATES v. BEMIS

No. 9012.

107 F.2d 894 (1939)

UNITED STATES v. BEMIS.

Circuit Court of Appeals, Ninth Circuit.

December 5, 1939.

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., Thomas E. Walsh, Atty., Dept. of Justice, of Washington, D. C., and Carl C. Donaugh, U. S. Atty., J. Mason Dillard, Asst. U. S. Atty., and Gerald J. Meindl, Atty., Dept. of Justice, all of Portland, Or., for appellant.

Rex Kimmell, of Salem, Or., for appellee.

Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.

GARRECHT, Circuit Judge.

There is but one question presented by this appeal: Whether there was any substantial evidence to show that plaintiff became totally and permanently disabled before the expiration of his war risk insurance policy on July 31, 1919? Complaint was filed December 27, 1935, issue was joined by the answer, and the cause was tried before a court sitting with a jury, which returned a verdict in favor of the plaintiff. Judgment was entered thereon...

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