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UNITED STATES v. TAYLOR

No. 4565.

110 F.2d 132 (1940)

UNITED STATES v. TAYLOR.

Circuit Court of Appeals, Fourth Circuit.

March 11, 1940.

Attorney(s) appearing for the Case

Young M. Smith, Atty., Department of Justice, of Washington, D. C. (Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and James O. Carr., U. S. Atty., of Wilmington, N. C., on the brief), for appellant.

J. V. Blackwell and D. G. Downing, both of Fayetteville, N. C. (H. C. Blackwell, of Fayetteville, N. C., on the brief), for appellee.

Before PARKER and DOBIE, Circuit Judges, and WEBB, District Judge.

DOBIE, Circuit Judge.

This is a civil action on a contract of War Risk Insurance. The court below denied the motion for a directed verdict in favor of the United States, and there was a jury verdict and judgment in favor of the plaintiff. For the determination of this Court, there is presented a single question: whether there was substantial evidence that on August 1, 1936, the plaintiff was totally and permanently disabled. We think there was, and that the verdict...

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