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BERRY v. UNITED STATES

No. 265.

111 F.2d 615 (1940)

BERRY v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

April 29, 1940.

Attorney(s) appearing for the Case

Joseph A. McNamara, U. S. Atty., of Burlington, Vt., and Julius C. Martin, Director, Bureau of War Risk Litigation, Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Keith L. Seegmiller, Atty., Department of Justice, all of Washington, D. C., for appellant.

Ernest W. Gibson, Jr., and F. Elliott Barber, Jr., both of Brattlesboro, Vt., for appellee.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

This is an appeal from a judgment entered upon the verdict of a jury in an action upon a policy of war risk insurance. The only substantial question is whether there was evidence on which a jury might find that the plaintiff was permanently and totally disabled on September 1, 1919. He was a farmer, born in Vermont in 1892, and served in the army in France during the Great War. In June of 1918, while standing guard in the front line, a shell...

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