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Supreme Court — Part 6
Page 92
92 / 108
a
f.
' ~aand experience, as well 4s his ap
Log Angeles, California
August 17, 1938
~
Director
Federal bureau of Investigation
Beshingtea, B. G. 7 eran a te a . tae an ue ~ id a ae ;
a 7 oor yee > Re: 4 L. SUITE, a
Dear Birt _— oF RIS INSVRANCE
NI
The Los Angeles Field Division is in '
Peceint of a sepy a letter dated July 29, 1938, directed by
the tnited gtates ittorney at Loa Angeles to the Attorney General, .
recommending that consideration be given to the instant case to .
determine whether or not an appeal should be taken. There are
‘ being set opt berein exqgerpts from the abowe-referred-to lettar
for t.e information of fhe Bareac, which may shed some lignt on
the situation of War Risk Insurance in the Los Angeles Field
Division srea.
The lnited States Attorney, in his letter,
states, "The trial ccurts in tnis jurisdiction only in rare instances
give an instructed verdict in war risk insurance cases. Wr. Fooks,
who hag tried practically ali of these cases in this district for
the Government since 1933, informs me that to the best of his recol-
lection thers have been only six directed verdicts fer the Governzent
\ en the period that he has been conducting this litigation.
- .
"In adaition te basing their verdiots upon
' the facte, and under the Court's instructions as to the law, in suits
on war risk insurance contracts, it is apparent there is a tendency
on the part of jurors to not only consider the physical and mental
condition of the insured as those conditions would relate to the
question of total and permanent disability under the terms of the
ineurance contract, but they alao consider the ingured's employability i.
etatus from the standpoint of his educational qualifications, training,
pearance
Wo question ef total Dake De nt di sabi st
a‘ > RECORD Le ih & INDEXED an Z- va
an . Sigcentiy there
sions by eome of theircuit Courte of nde ye Sea
Court of the United States, indicating that'a nore lfberGlévo
tion ia to be given to War Risk Insurance Statutes than formerly
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