JOHNSON v. UNITED STATES

No. 10716.

87 F.2d 940 (1937)

JOHNSON v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

February 18, 1937.


Attorney(s) appearing for the Case

Peter S. Rask, of Minneapolis, Minn., for appellant.

Russell C. Rosenquest, Asst. U. S. Atty., of St. Paul, Minn. (George F. Sullivan, U. S. Atty., of St. Paul, Minn., Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., and Wilbur C. Pickett and Fendall Marbury, Sp. Assts. to the Atty. Gen., on the brief), for the United States.

Before GARDNER, THOMAS, and FARIS, Circuit Judges.


THOMAS, Circuit Judge.

This is an appeal from a final judgment of the lower court dismissing an action brought by the guardian of an insane soldier upon a policy of war risk insurance.

In the trial court the government moved to dismiss the action and for judgment in its favor upon the ground that the court "is without jurisdiction to hear or entertain the * * * action in that said action was not commenced within six years after the alleged accrual of the contingency...

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