LEMMING v. UNITED STATES

No. 7108.

113 F.2d 609 (1940)

LEMMING v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

July 10, 1940.


Attorney(s) appearing for the Case

Julius C. Martin, and William C. Pickett, both of Washington, D. C., Arthur Roe, U. S. Atty., of Vandalia, Ill., and Thomas E. Walsh, Atty. Dept. of Justice, of Washington, D. C., for appellant.

Stephen A. Cross, of Chicago, Ill., and Walter E. Ackermann, of Belleville, Ill., for appellee.

Before SPARKS, MAJOR, and TREANOR, Circuit Judges.


TREANOR, Circuit Judge.

This action was brought to recover total and permanent disability benefits under a war risk insurance contract. There was a verdict for the plaintiff and judgment was entered thereon. The error claimed by the defendant is the court's refusal to grant the government's motion for a directed verdict made at the close of the evidence.

The sole contention on the merits of the appeal is that there was no substantial evidence to support a...

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