CHASE, Circuit Judge.
The plaintiff has appealed from a judgment of the District Court for the Southern District of New York which dismissed his complaint in a suit he brought, on February 16, 1939, as the beneficiary of a war risk insurance policy to recover certain monthly payments which became payable by reason of the death of the insured. The dismissal was on motion without trial on the merits solely on the ground that the suit was not brought within the statutory...
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