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Ivey v. United States

Ivey v. United States, 67 F.2d 204 (4th Cir. 1933)
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Court
Court of Appeals for the Fourth Circuit · U.S. Courts of Appeals
Decided
October 13, 1933
Docket
No. 3533
Citations
67 F.2d 2041933 U.S. App. LEXIS 4405

Opinion of the Court

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PER CURIAM.

This is an appeal in a war risk insurance case in which verdict was directed for the government. The policy was allowed to lapse for nonpayment of premium in 1919, and the insured died of pulmonary tuberculosis in 1930. The contention of plaintiff is that, at the time of the lapse of the policy, insured was afflicted with tuberculosis. The trouble *205 with plaintiff’s ease, however, is that there is nothing in the evidence to show that at that time the disease had reached such stage as to constitute total and permanent disability. This being true, verdict was properly directed for the defendant. U. S. v. Diehl (C. C. A. 4th) 62 F.(2d) 343 ; U. S. v. Rosborough (C. C. A. 4th) 62 F.(2d) 348 ; U. S. v. Stack (C. C. A. 4th) 62 F. (2d) 1056; Eggen v. U. S. (C. C. A. 8th) 58 F.(2d) 616, 620 . The judgment appealed from will he affirmed. Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1936: 119362026peak 1936 · 1

Relies on it most ⓘ

  1. Garvin v. United States86 F.2d 325 (4th Cir. 1936)

Most recent

  1. Garvin v. United States86 F.2d 325 (4th Cir. 1936)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Eggen v. United States, 58 F.2d 616 (8th Cir. 1932) 101
United States v. Diehl, 62 F.2d 343 (4th Cir. 1932) 53

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