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BIVEN v. UNITED STATES

No. 8430.

142 F.2d 570 (1944)

BIVEN v. UNITED STATES.

United States Court of Appeals District of Columbia.

Decided May 8, 1944.

Attorney(s) appearing for the Case

Mr. Warren E. Miller, of Washington, D. C., for appellant.

Mr. Wilbur C. Pickett, Special Assistant to the Attorney General, with whom Messrs. Francis M. Shea, Assistant Attorney General, and Lester P. Schoene, Director, Bureau of War Risk Litigation, Keith L. Seegmiller, Attorney, Department of Justice, and Edward M. Curran, United States Attorney, all of Washington, D. C., were on the brief, for appellee. Mr. Charles B. Murray, Assistant United States Attorney, of Washington, D. C., also entered an appearance for appellee.

Before GRONER, Chief Justice, and EDGERTON and ARNOLD, Associate Justices.

EDGERTON, Associate Justice.

This is a suit on a policy of yearly renewable war risk term insurance. The District Court dismissed appellant's complaint on the ground that it was barred by limitations. We think this was correct.

Section 19 of the World War Veterans' Act, as amended, 38 U.S.C.A. § 445, which authorizes suit "in the event of disagreement as to claim * * * under a contract of insurance," provides that "`disagreement' means a denial of the...

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