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SULLIVAN v. UNITED STATES

No. 8436.

116 F.2d 576 (1941)

SULLIVAN v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

January 9, 1941.

Attorney(s) appearing for the Case

A. E. Funk, of Frankfort, Ky. (J. J. Leary, Earl S. Wilson, and A. E. Funk, all of Frankfort, Ky., on the brief), for appellant.

Keith L. Seegmiller, of Washington, D. C. (John T. Metcalf, of Lexington, Ky., and Julius C. Martin, Wilbur C. Pickett, and Samuel Flatow, all of Washington, D. C., on the brief), for appellee.

Before HICKS, SIMONS, and HAMILTON, Circuit Judges.

HICKS, Circuit Judge.

Suit by appellant upon two War Risk Insurance policies. The question is, whether the court erred in sustaining appellee's motion to dismiss upon the ground that the suit was barred by the statute of limitations.

The complaint alleged, that appellant became totally and permanently disabled within the life of the policy, on October 29, 1919. The statute began to run from that date. United States v. Towery, 306 U.S. 324

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