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COLE v. UNITED STATES

No. 7416.

112 F.2d 203 (1940)

COLE v. UNITED STATES.

United States Court of Appeals for the District of Columbia.

Decided April 15, 1940.

Attorney(s) appearing for the Case

C. L. Dawson, of Washington, D. C., for appellant.

David A. Pine, U. S. Atty., G. M. Fay, Asst. U. S. Atty., Young M. Smith, Fendall Marbury, and Wilbur C. Pickett, all of Washington, D. C., for appellees.

Before GRONER, Chief Justice, and MILLER and VINSON, Associate Justices.

GRONER, C. J.

The single question on this appeal is whether the action is barred by the statute of limitations.1 The original petition was filed in the District Court on December 7, 1937. Subsequently an amended petition was filed, alleging that appellant was one of two beneficiaries named in a war risk insurance contract issued to Charles J. Vacanti, a brother, who died September 13, 1925.

The demurrer filed on behalf of the United...

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