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ZIELINSKI v. UNITED STATES

No. 247.

120 F.2d 792 (1941)

ZIELINSKI v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

June 6, 1941.

Attorney(s) appearing for the Case

Edmund Clynes, of Rochester, N. Y., for appellant.

George L. Grobe, U. S. Atty., of Buffalo, N. Y. (Robert M. Hitchcock, Asst. U. S. Atty., of Buffalo, N. Y., of counsel), for appellee.

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

PER CURIAM.

This is an action on a policy of war risk insurance. It was commenced March 4, 1940. This was too late under 38 U.S.C.A. § 445, unless the dismissal of a prior action on the same policy occurred within one year. The prior action commenced in 1932 was dismissed by the clerk in open court for lack of prosecution in 1936. At that time the plaintiff's attorney of record had been disbarred so that the plaintiff was not represented in court and the case...

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