BALL v. UNITED STATES

No. 8040.

101 F.2d 272 (1939)

BALL v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

January 11, 1939.


Attorney(s) appearing for the Case

Matthew L. Bigger, of Columbus, Ohio, for appellant.

Young M. Smith, of Washington, D. C. (Francis C. Canny, of Dayton, Ohio, Frederic W. Johnson and J. M. LeMense, both of Cincinnati, Ohio, and Julius C. Martin, Wilbur C. Pickett, and Young M. Smith, all of Washington, D. C., on the brief), for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.


ALLEN, Circuit Judge.

The District Court, on motion of the Government, dismissed appellant's petition filed July 28, 1937, seeking to enforce payment of benefits under a contract of war risk insurance which on July 1, 1919, had lapsed for nonpayment of premiums. The order of dismissal, here appealed from, was based upon the ground that the action was not brought within the time limited by Title 38, Section 445, U.S.C., 38 U.S.C.A. § 445, which reads as follows...

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