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RODGERS v. UNITED STATES

No. 4467.

104 F.2d 884 (1939)

RODGERS v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

June 24, 1939.

Attorney(s) appearing for the Case

James L. Platt, of Kingstree, S. C., for appellant.

Young M. Smith, of Washington, D. C., Atty., Department of Justice (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 the Atty. Gen., 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 policy of converted war risk insurance. The only question presented by the appeal is whether or not there was sufficient evidence to take the case to the jury on the question of total and permanent disability at the time of the lapse of the policy for nonpayment of premiums in 1932. There was evidence that insured at the time of the trial was suffering from myocarditis or angina pectoris...

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