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QUEEN v. UNITED STATES

No. 4446.

105 F.2d 146 (1939)

QUEEN v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

June 24, 1939.

Attorney(s) appearing for the Case

Robert Lee Smith, of Asheville, N. C. (Walter L. Pfaff, of Asheville, N. C., on the brief), for appellant.

Young M. Smith, Atty., Department of Justice, of Washington, D. C. (Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Marcus Erwin, U. S. Atty., of Asheville, N. C., W. R. Francis, Asst. U. S. Atty., of Waynesville, N. C., and Fendall Marbury, Atty., Department of Justice, of Washington, D. C., on the brief), for the United States.

Before PARKER and NORTHCOTT, Circuit Judges, and CHESNUT, District Judge.

PER CURIAM.

This is an appeal from a judgment in favor of the United States on a war risk insurance contract. The only question of any importance raised by the appeal is whether there was sufficient evidence to take the case to the jury on the question of total and permanent disability on August 6, 1937. The evidence showed that at that time the insured was suffering with arthritis, that this resulted in partial disability and that such disability was of a permanent...

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