Eidam v. United States

STONE, Circuit Judge.

This is an action on a war risk insurance policy, for death claimed to have occurred during the life of the policy. The same cause of action was here on a second amended petition [74 F.(2d) 350], where this court affirmed the sustaining of a demurrer on the ground that the second amended .petition failed to allege a disagreement within the requirements of the statute. After the decision in this court, the case was reinstated under Joint Resolution 112, 49 Stat. 1 (38 U.S.C.A. § 445c). This reinstatement took the form of a third amended petition. To this petition a…