Burkett v. United States

Fifth Circuit

Burkett v. United States

71 F.2d 683, 1934 U.S. App. LEXIS 3180

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 16, 1934

DocketNo. 7126

StatusPublished

Cited by3 cases

This text of 71 F.2d 683 (Burkett v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burkett v. United States, 71 F.2d 683, 1934 U.S. App. LEXIS 3180 (5th Cir. 1934).

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Opinion

FOSTER, Circuit Judge.

This is an appeal from a judgment dismissing a suit to recover on a policy of war risk insurance as barred by the statute of limitations incorporated in section 19 of the World War Veterans’ Act, as amended by the [684]*684Act of July 3, 1930, § 4 (38 USCA § 445). The claim was filed with the Veterans’ Bureau June 29, 1931, and was rejected September 24, 1931. Suit was filed November 13, 1931. Section 19, as amended, bars suit filed more than six years after the cause of action accrued or more than one year after the passage of the act, whichever date is later, but extends the time for the period the claim may be pending in the Veterans’ Bureau. It is admitted that the suit was barred under the provisions of said section 19, but appellant has contended that as all laws pertaining to war risk insurance were repealed by the Act of March 20, 1933 (38 USCA § 717), that section has no application.

Extended discussion of the question is unnecessary. It is plain from the provisions of section 17, Act of March 20, 1933, known as the Economy Act, that pending suits were exempted from the repealing provision and by the decision of the Supreme Court in Lynch v. U! S., 54 S. Ct. 840; 78 L. Ed. 1434, decided June 4, 1934, in which it was held that the clause in section 17, “all laws granting or pertaining to yearly renewable term insurance are hereby repealed,” is unconstitutional, any doubt is put at rest. Necessarily the defenses that were open to the government before the. passage of the Economy Act were available in this suit.

Affirmed.

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FOSTER, Circuit Judge.

This is an appeal from a judgment dismissing a suit to recover on a policy of war risk insurance as barred by the statute of limitations incorporated in section 19 of the World War Veterans’ Act, as amended by the [684]*684Act of July 3, 1930, § 4 (38 USCA § 445). The claim was filed with the Veterans’ Bureau June 29, 1931, and was rejected September 24, 1931. Suit was filed November 13, 1931. Section 19, as amended, bars suit filed more than six years after the cause of action accrued or more than one year after the passage of the act, whichever date is later, but extends the time for the period the claim may be pending in the Veterans’ Bureau. It is admitted that the suit was barred under the provisions of said section 19, but appellant has contended that as all laws pertaining to war risk insurance were repealed by the Act of March 20, 1933 (38 USCA § 717), that section has no application.

Extended discussion of the question is unnecessary. It is plain from the provisions of section 17, Act of March 20, 1933, known as the Economy Act, that pending suits were exempted from the repealing provision and by the decision of the Supreme Court in Lynch v. U! S., 54 S. Ct. 840; 78 L. Ed. 1434, decided June 4, 1934, in which it was held that the clause in section 17, “all laws granting or pertaining to yearly renewable term insurance are hereby repealed,” is unconstitutional, any doubt is put at rest. Necessarily the defenses that were open to the government before the. passage of the Economy Act were available in this suit.

Affirmed.

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71 F.2d 683, 1934 U.S. App. LEXIS 3180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burkett-v-united-states-ca5-1934.

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