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MARTINELLI v. UNITED STATES

No. 3387.

101 F.2d 192 (1939)

MARTINELLI v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

January 24, 1939.

Attorney(s) appearing for the Case

James B. Littlefield, of Providence, R. I., for appellant.

William J. Hession, of Boston, Mass., and Young M. Smith, of Washington, D. C. (Timothy A. Curtin, of Boston, Mass., Julius C. Martin, Wilbur C. Pickett, and Fendall Marbury, all of Washington, D. C., and J. Howard McGrath, of Providence, R. I., on the brief), for appellee.

Before BINGHAM and WILSON, Circuit Judges, and PETERS, District Judge.

PER CURIAM.

In this case the plaintiff seeks to recover on a war risk insurance policy, alleging that he was totally and permanently disabled at the time of his discharge and while his policy was in effect.

A jury having been duly waived, trial was had before the District Judge who found that the plaintiff had not established that he was totally and permanently disabled while his policy of insurance was in effect; and, the defendant having moved for judgment...

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