Parker v. 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 *742of limitatiqns, and (b) was res judicata. Subsequent to the effective date of the new rules, plaintiff moved to strike the motion to dismiss. Treating the motion to dismiss as an answer setting up the defenses of statute of limitations and res…