UNITED STATES v. DAVIS

No. 10192.

128 F.2d 725 (1942)

UNITED STATES v. DAVIS.

Circuit Court of Appeals, Fifth Circuit.

May 29, 1942.


Attorney(s) appearing for the Case

George T. Mitchell, U. S. Atty., of Tupelo, Miss., Chester L. Sumners, Asst. U. S. Atty., of Corinth, Miss., Roy J. Goss, Atty., Dept. of Justice, of Jackson, Miss., and Julius C. Martin, Director, Bureau of War Risk Litigation and Thomas E. Walsh, Atty., Dept. of Justice, both of Washington, D. C., for appellant.

Thomas Fite Paine, of Aberdeen, Miss., and Alvis M. Mitchell, of Pontotoc, Miss., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.


SIBLEY, Circuit Judge.

In this suit on a term war risk policy the judge refused to direct a verdict for the United States, and the jury signed a verdict, "We find for the plaintiff and fix the date of permanent and total disability as Sept. 1, 1919." Judgment was entered for plaintiff, and the United States appeal.

The first question raised is that the verdict does not support the judgment, because the stipulated...

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