Prouty v. United States

CONNOR, District Judge.

On the pleadings, the issue raised is whether the plaintiff’s demand for jury trial should be granted. The action is brought under the War Risk Insurance Act of 1917, 40 Stat. 409, the World War Veterans’ Act of 1924, 43 Stat. 607, as amended, 38 U.S.C.A. §§ 421-445 and following, and the National Service Life Insurance Act of 1940, 54 Stat. 1008-1014, as amended, 38 U.S.C.A. § 801, and following.

The defendant contends that the court should grant its motion to strike demand upon the premise that under the terms of Title 28 U.S.C.A. § 2402 trial by jury is denied in…