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MARSH v. UNITED STATES

No. 4321.

97 F.2d 327 (1938)

MARSH v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

June 6, 1938.

Attorney(s) appearing for the Case

Robert H. McNeill, of Washington, D. C., and Levin Nock Davis, of Accomac, Va. (Warren E. Miller of Washington, D. C., on the brief), for appellant.

Kenneth E. Spencer, Atty., Department of Justice, of Washington, D. C., and Russell T. Bradford, Asst. U. S. Atty., of Norfolk, Va. (Sterling Hutcheson, U. S. Atty., of Richmond, Va., Julius C. Martin, Director Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Thomas E. Walsh, Atty., Department of Justice, of Washington, D. C., on the brief) for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PARKER, Circuit Judge.

This is an action upon a policy of war risk insurance issued to one George Edward Marsh who died on August 13, 1919. Premiums were paid which kept the policy in force until May 1, 1919; and there was a finding by the jury that the insured was totally and permanently disabled on and after March 15, 1919, until his death. The court below held, however, that action on the policy was barred by the statute of limitations and rendered judgment for...

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