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SIMMONS v. UNITED STATES

No. 4584.

111 F.2d 618 (1940)

SIMMONS v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

April 27, 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.

By a decision filed March 11, 1940, this Court affirmed the judgment of the District Court of the Western District of North Carolina, dismissing this action on the ground that it was barred by the limitation provisions of Section 19, World War Veterans' Act 1924, 38 U.S.C.A. § 445. 4 Cir., 110 F.2d 296. On April 2, 1940, the appellant filed a petition for a rehearing, bringing to the attention of the Court...

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