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FAIN v. UNITED STATES

No. 11867.

119 F.2d 208 (1941)

FAIN v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

April 16, 1941.

Attorney(s) appearing for the Case

D. K. Hawthorne, of Little Rock, Ark., for appellant.

Sam Rorex, U. S. Atty., of Little Rock, Ark., and Julius C. Martin, Director, Bureau of War Risk Litigation, Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Thomas E. Walsh, Attorney Department of Justice, all of Washington, D. C., for appellee.

Before WOODROUGH, JOHNSEN, and VAN VALKENBURGH, Circuit Judges.

VAN VALKENBURGH, Circuit Judge.

This case comes before us a second time. On the last appeal a judgment in favor of appellant was reversed and remanded on the ground that "the evidence was insufficient to support the finding of the jury that the plaintiff was totally and permanently disabled at the time his contract of insurance lapsed. The government's motion for a directed verdict should have been sustained". United States v. Fain, 8 Cir., 103 F.2d...

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