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MILTON v. UNITED STATES

No. 9851.

120 F.2d 794 (1941)

MILTON v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

June 9, 1941.

Attorney(s) appearing for the Case

Philo Coco, of Marksville, La., for appellant.

Malcolm E. Lafargue, U. S. Atty., and John A. Patin, Asst. U. S. Atty., both of Shreveport, La., and Julius C. Martin, Director, Bureau of War Risk Litigation, Department of Justice, Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Fendall Marbury, Sp. Atty., Department of Justice, all of Washington, D. C., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

FOSTER, Circuit Judge.

Appellant brought this suit to recover on a policy of war risk insurance issued by the United States while he was in service. No premiums were paid after his discharge in 1919 but he alleged the policy had matured by reason of his total and permanent disability, occurring while the policy was in force. The suit was dismissed on the ground that it was filed too late, we reversed that judgment and returned the case to the District Court for a...

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