No. 294, Docket 27277.

302 F.2d 262 (1962)

Luba WANG, formerly known as Lillian Murashek, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided April 30, 1962.

Attorney(s) appearing for the Case

Samuel W. Sherman, New York City, for plaintiff-appellant.

Philip J. Ryan, Jr., Asst. U. S. Atty., S. D. N. Y., New York City (Robert M. Morgenthau, U. S. Atty., and Eugene R. Anderson, Asst. U. S. Atty., New York City, on the brief), for defendant-appellee.

Before CLARK, HINCKS, and FRIENDLY, Circuit Judges.


Undoubtedly this action for veteran life insurance is time-barred under 38 U.S.C. § 784(b), requiring action within six years after the right has accrued unless plaintiff can show that the time was suspended by her filing of a claim. Her brother, then in service, took out the policies in 1942 and 1943; but they lapsed for nonpayment of the premiums when he left the service in 1946. He died on July 17, 1949, and she did not make formal claim until...

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