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PARKER v. UNITED STATES

No. 1721.

29 F.Supp. 741 (1939)

PARKER v. UNITED STATES.

District Court, N. D. West Virginia.

October 23, 1939.

Attorney(s) appearing for the Case

Claude L. Dawson, of Washington, D. C., for plaintiff.

Jacob S. Hyer, of Elkins, W. Va., and J. M. LeMense, of Cincinnati, Ohio, for the United States.

WATKINS, District Judge.

Plaintiff, a World War veteran, instituted this suit to recover the monthly benefits of a War Risk insurance policy, alleging that he had become permanently and totally disabled. Prior to the effective date of the new rules, defendant made a motion to dismiss the complaint because, (a) the action was barred by the statute of limitations, and (b) was res judicata. Subsequent to the effective date...

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