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WALTON v. UNITED STATES

No. 9861.

73 F.2d 15 (1934)

WALTON v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

October 8, 1934.

Attorney(s) appearing for the Case

C. A. Wilson and E. B. Adams, both of Hot Springs, S. D., for appellant.

Fendall Marbury, Sp. Asst. Atty. Gen. (Olaf Eidem, U. S. Atty., of Brookings, S. D., Byron S. Payne, Asst. U. S. Atty., of Pierre, S. D., and E. D. Barron, Asst. U. S. Atty., of Sioux Falls, S. D., on the brief), for the United States.

Before BOOTH, Circuit Judge, and MUNGER and BELL, District Judges.

MUNGER, District Judge.

This was an action to recover against the United States upon a war risk insurance policy. From an order dismissing the action because it was not brought within the time limited by the statute, the plaintiff appeals. The plaintiff enlisted in the United States Army on October 4, 1917, and was honorably discharged therefrom on June 7, 1919. During his period of military service he applied for and received...

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