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UNITED STATES v. BROWN

No. 4527.

107 F.2d 401 (1939)

UNITED STATES v. BROWN.

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., and Wilbur C. Pickett, Sp. Asst. to Atty. Gen., on the brief), for appellant.

Sam J. Royall, of Florence, S. C. (Royall & Wright, of Florence, S. C., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PER CURIAM.

This is an appeal by the government in a war risk insurance case. The policy of insurance was continued in force by payment of premiums until October 1, 1919, and the only question in the case was whether insured had become totally and permanently disabled on or before that date. The trial judge denied a motion by the government for a directed verdict and directed verdict for the plaintiff.

The insured had influenza in 1918 while serving over seas...

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