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SIMMONS v. UNITED STATES

No. 4584.

110 F.2d 296 (1940)

SIMMONS v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

March 11, 1940.

Attorney(s) appearing for the Case

Robert Lee Smith, of Asheville, N. C. (Walter L. Pfaff, of Asheville, N. C., on the brief), for appellant.

Thomas E. Walsh, Atty., Department of Justice, of Washington, D. C. (W. R. Francis, Asst. U. S. Atty., of Waynesville, N. C., Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Fendall Marbury, Sp. Atty., Department of Justice, of Washington, D. C., on the brief), for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

This is an appeal from a judgment of the United States District Court dismissing a civil action, brought by appellant upon a policy of war-risk insurance. An action, to recover total and permanent disability benefits, had been brought in March, 1939, upon a lapsed policy of war-risk term insurance. The question as to the revival of the policy is not here involved; for the District Court dismissed the suit on the ground that it was barred by the...

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