GENESEE VALLEY TRUST CO. v. UNITED STATES

No. 124.

116 F.2d 407 (1940)

GENESEE VALLEY TRUST CO. OF ROCHESTER, N. Y., v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

December 23, 1940.


Attorney(s) appearing for the Case

Daniel J. O'Mara, of Rochester, N. Y. (Edmund Clynes, of Rochester, N. Y., of counsel), for appellant.

George L. Grobe, U. S. Atty., of Buffalo, N. Y. (Goodman A. Sarachan, of Rochester, N. Y., of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


SWAN, Circuit Judge.

This action seeking recovery on a war risk insurance policy was dismissed on the ground that it had not been brought within the time prescribed by statute, 38 U.S. C.A. § 445. The correctness of this ruling is the question presented by this appeal. There is no dispute as to the facts, which are as follows:

The insured, Roy Miller, attempted to bring suit on June 18, 1935 by causing a summons to be issued by a deputy clerk of

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