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MUNRO v. UNITED STATES

No. 251.

89 F.2d 614 (1937)

MUNRO v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

April 12, 1937.

Attorney(s) appearing for the Case

Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C. (George L. Grobe, U. S. Atty., of Buffalo, N. Y., Joseph J. Doran, Asst. U. S. Atty., of Rochester, N. Y., Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., and Wilbur C. Pickett and Fendall Marbury, Sp. Assts. to Atty. Gen., on the brief), for the United States.

Alger A. Williams, of Buffalo, N. Y. (Charles H. Kendall, of Buffalo, N. Y., of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

This is an action upon a contract of war risk term insurance brought in the District Court. Before the case was reached for trial the defendant moved for dismissal upon the ground that suit had not been commenced within the time prescribed by section 19 of the World War Veterans' Act of 1924, as amended; 38 U. S.C.A. §§ 445; 445d. This motion was overruled by Judge Rippey. Munro v. United States (D.C.) 10 F.Supp. 412...

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