Fain v. United States

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 161, 164. The facts then before the court were well and fully stated in the opinion of Judge Thomas, and will not be repeated here. At the close…