KINTNER v. UNITED STATES

No. 998.

71 F.2d 961 (1934)

KINTNER v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

June 18, 1934.


Attorney(s) appearing for the Case

Sherman A. Sutliff, of Denver, Colo. (Frank E. Gove and Kenaz Huffman, both of Denver, Colo., on the brief), for appellant.

Randolph C. Shaw, Sp. Asst. to Atty. Gen. (Thomas J. Morrissey, U. S. Atty., and Richard A. Toomey, Atty., Department of Justice, both of Denver, Colo., and Will G. Beardslee, Director, Bureau of War Risk Litigation, and Fendall Marbury, Atty., Department of Justice, both of Washington, D. C., on the brief), for the United States.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.


McDERMOTT, Circuit Judge.

The trial court dismissed this action on a war risk insurance policy on the ground that the reply set up a new cause of action and that, being filed after the Act of March 20, 1933, § 17 (38 USCA § 717) there was no jurisdiction over the defendant.

The complaint, filed on July 5, 1929, alleged that insured entered the service on June 27, 1918, and shortly thereafter was granted war risk insurance, evidenced by a certificate...

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