Cole v. United States

MAJOR, Circuit Judge.

This is an appeal from a judgment, entered February 6, 1941, in favor of the plaintiff, allowing recovery of total permanent disability benefits under a contract of War Risk Insurance. This is the second appeal in this case, a former appeal having resulted in the reversal of a judgment in favor of plaintiff, with directions to grant a new trial. United States v. Cole, 7 Cir., 82 F.2d 655. In that appeal we held defendant’s motion for a directed verdict should have been allowed for lack of substantial evidence to establish total and permanent disability at the time insured…