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UNITED STATES v. FITCH

No. 4503.

107 F.2d 175 (1939)

UNITED STATES v. FITCH.

Circuit Court of Appeals, Fourth Circuit.

November 6, 1939.

Attorney(s) appearing for the Case

Young M. Smith, Atty., Department of Justice, of Washington, D. C. (Claud N. Sapp, U. S. Atty., of Columbia, S. C., Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Keith L. Seegmiller, Atty., Department of Justice, of Washington, D. C., on the brief), for appellant.

R. K. Wise, of Columbia, S. C., and Warren E. Miller, of Washington, D. C., for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PER CURIAM.

This is an appeal in a war risk insurance case and the only question presented is whether verdict should have been directed for the government. Premiums paid kept the policy in force until January 1, 1919 and the question is whether there was substantial evidence to support the finding that insured became totally and permanently disabled prior to that date.

There is evidence that insured had influenza while at camp in the Fall of 1918; that following...

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