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UNITED STATES v. McDEVITT

No. 300.

90 F.2d 592 (1937)

UNITED STATES v. McDEVITT.

Circuit Court of Appeals, Second Circuit.

June 7, 1937.

Attorney(s) appearing for the Case

Joseph A. McNamara, U. S. Atty., of Burlington, Vt., and Julius C. Martin, Wilbur C. Pickett, Keith L. Seegmiller, and Fendall Marbury, all of Washington, D. C., for the United States.

Gelsi Monti and Finn & Monti, all of Barre, Vt., for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

This is an appeal from a judgment entered upon the verdict of a jury in a suit to recover upon a war risk insurance policy, issued to the plaintiff. He was mustered out and the policy lapsed on April 28, 1919, and the question is, whether at that time he was "totally and permanently disabled." The writ was served on March 4, 1933, nearly fourteen years after the supposed right of action arose, and the plaintiff's history meanwhile had been...

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