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CLEGG v. UNITED STATES

No. 2041.

112 F.2d 886 (1940)

CLEGG v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

June 10, 1940.

Attorney(s) appearing for the Case

George A. Faust and Joseph G. Jeppson, both of Salt Lake City, Utah, for appellant.

Dan B. Shields, U. S. Atty., of Salt Lake City, Utah, Francis J. McGan, Atty., Dept. of Justice, of Butte, Mont., John S. Boyden, Asst. U. S. Atty., of Salt Lake City, Utah, Julius C. Martin, Director, Bureau, War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Fendall Marbury, Sp. Atty., Dept. of Justice, of Washington, D. C., for appellee.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

PHILLIPS, Circuit Judge.

Martello Clegg brought an action against the United States upon a policy of war risk insurance to recover permanent and total disability benefits in the United States District Court for the District of Utah. At the trial thereof, the jury returned a special verdict finding that Clegg became permanently and totally disabled, under the terms of the policy, on November 13, 1928. Thereupon, each party filed a motion for judgment. The trial court...

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