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LOPEZ v. UNITED STATES

No. 3994.

82 F.2d 982 (1936)

LOPEZ et al. v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

April 6, 1936.

Attorney(s) appearing for the Case

W. B. Rouse, of New Bern, N. C. (W. B. R. Guion, of New Bern, N. C., on the brief), for appellants.

Armistead L. Boothe, Atty., Department of Justice, of Washington, D. C. (Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and James O. Carr, U. S. Atty., of Wilmington, N. C., on the brief), for the United States.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

SOPER, Circuit Judge.

This action upon a contract of war risk insurance was dismissed in the District Court upon the ground that it was not brought within the time specified by the World War Veterans' Act of 1924. The case was heard upon the pleadings and the records of the Veterans' Administration, which show when the claim was presented to the Administration and denied by it.

While serving in the United States Army, David Carnegie, the veteran, obtained...

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