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WEAVER v. UNITED STATES

No. 3679.

72 F.2d 20 (1934)

WEAVER v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

June 28, 1934.

Attorney(s) appearing for the Case

J. M. Broughton, of Raleigh, N. C. (W. H. Sawyer, of Raleigh, N. C., on the brief), for appellant.

Young M. Smith, of Washington, D. C., Atty., Department of Justice (J. O. Carr, U. S. Atty., of Wilmington, N. C., Will G. Beardslee, Director, Bureau War Risk Litigation, of Washington, D. C., and William B. Snow, Sp. Asst. to Atty. Gen. in War Risk Insurance Cases, on the brief), for the United States.

Before NORTHCOTT and SOPER, Circuit Judges, and CHESNUT, District Judge.

CHESNUT, District Judge.

This suit on a war risk insurance policy was instituted in the District Court on September 29, 1932. The Government pleaded the statute of limitations applicable to the suit contained in USC, title 38, § 445, as amended July 3, 1930 (38 USCA § 445), which reads as follows:

"No suit on yearly renewable term insurance shall be allowed under this section unless the same shall have been...

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