GOOSTREE v. UNITED STATES

No. 6895.

110 F.2d 444 (1940)

GOOSTREE v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied March 29, 1940.


Attorney(s) appearing for the Case

Stephen A. Cross, of Chicago, Ill., for appellant.

Julius C. Martin, Wilbur C. Pickett, and Thomas E. Walsh, all of Washington, D. C., Arthur Roe, of Vandalia, Ill., Carl W. Feickert, of East St. Louis, Ill., and Wm. M. Lytle, of Chicago, Ill., for appellee.

Before SPARKS, MAJOR, and KERNER, Circuit Judges.


SPARKS, Circuit Judge.

This is an action on a policy of war risk insurance brought by the administratrix individually and as the beneficiary of a deceased soldier. The cause was tried to the court without a jury, and the court held that the deceased soldier was not totally and permanently disabled at any time until immediately preceding his final illness; that he was totally disabled at intervals but such periods obviously...

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