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COHEN v. UNITED STATES

No. 9863.

121 F.2d 1007 (1941)

COHEN v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

August 2, 1941.

Attorney(s) appearing for the Case

Gabe Jacobson, of Meridian, Miss., for appellant.

Kenneth E. Spencer and Thomas E. Walsh, Attorneys, Dept. of Justice, Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Julius C. Martin, Director, Bureau of War Risk Litigation, all of Washington, D.C., and Toxey Hall, U. S. Atty., of Jackson, Miss., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

An action on a war risk insurance contract brought by the administrator of Frank Davidson on Aug. 31, 1932, was dismissed because barred by limitation. The petition as amended alleged that while the insurance was in force and before his discharge on Dec. 14, 1918, Davidson became totally and permanently disabled and so continued till his death on Aug. 8, 1923; that demand for payment was made April...

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