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WALDEN v. UNITED STATES

No. 7844.

106 F.2d 611 (1939)

WALDEN v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

September 18, 1939.

Attorney(s) appearing for the Case

Vincent E. Schoeck, of Detroit, Mich. (Vincent E. Schoeck, of Detroit, Mich., on the brief), for appellant.

Thomas E. Walsh, of Washington, D. C. (John C. Lehr and Francis X. Norris, both of Detroit, Mich., and Julius C. Martin, Wilbur C. Pickett and Fendall Marbury, all of Washington, D. C., on the brief), for the United States.

Before HICKS, SIMONS, and HAMILTON, Circuit Judges.

HICKS, Circuit Judge.

Suit upon a War Risk term insurance policy. Appellee moved to dismiss upon the ground that the action was barred by the Statute of Limitations. The appeal is from an order sustaining the motion.

The record is unsatisfactory from many viewpoints but we treat the case as it was presented to the District Court and here.

The motion was heard by the trial court upon — (1) a stipulation of facts; (2) an affidavit of the Assistant...

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