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UNITED STATES v. NELSON

No. 11201.

102 F.2d 515 (1939)

UNITED STATES v. NELSON.

Circuit Court of Appeals, Eighth Circuit.

March 14, 1939.

Attorney(s) appearing for the Case

Keith L. Seegmiller, Atty., Department of Justice, of Washington, D. C. (Clinton R. Barry, U. S. Atty., of Fort Smith, Ark., G. W. Hendricks, Sp. Asst. to U. S. Atty., of Little Rock, Ark., Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Thomas E. Walsh, Atty., Department of Justice, of Washington, D. C., on the brief), for the United States.

Charles I. Evans, of Booneville, Ark. (Jeptha A. Evans, of Booneville, Ark., on the brief), for appellee.

Before GARDNER and THOMAS, Circuit Judges, and REEVES, District Judge.

REEVES, District Judge.

From a judgment for plaintiff on a policy of war risk insurance the government has appealed. The policy was in the face amount of $10,000, and contained the usual provision for the payment of $57.50 per month in the event of the total and permanent disability of the insured while the policy was in force.

Asserting that he became totally and permanently disabled from sundry ailments while the policy was in force, the plaintiff, on October...

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