BREWSTER, District Judge.
This action is brought to recover the benefits of a policy of war risk insurance which expired in July, 1926. Claim was made January 28, 1930, and on appeal to the Administrator's Board of Appeals was denied October 11, 1932. A suit brought in the District Court for the Eastern District of New York prior to October 11, 1932, was, on November 10, 1933, dismissed because no disagreement was shown. Albek v. United States,
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