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UNITED STATES v. CANNON

No. 3623.

116 F.2d 567 (1941)

UNITED STATES v. CANNON.

Circuit Court of Appeals, First Circuit.

January 10, 1941.

Attorney(s) appearing for the Case

Thomas E. Walsh, of Washington, D. C. (Edmund J. Brandon and William J. Hession, both of Boston, Mass., and Julius C. Martin and Wilbur C. Pickett, both of Washington, D. C., on the brief), for appellant.

John M. Boyle, of Boston, Mass., for appellee.

Before MAGRUDER and MAHONEY, Circuit Judges and PETERS, District Judge.

MAGRUDER, Circuit Judge.

The Government appeals from a judgment in favor of the legal guardian of James P. Cannon, allowing a recovery of disability benefits under a contract of war risk insurance. "Total permanent disability" and death were the contingencies insured against. There is no doubt that at some time prior to the trial Cannon had become totally and permanently disabled. It was necessary for the plaintiff to show that such total permanent disability occurred...

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