Simmons v. United States

DOBIE, Circuit Judge.

By a decision filed March 11, 1940, this Court affirmed the judgment of the District Court of the Western District of North Carolina, dismissing this action on the ground that it was barred by the limitation provisions of Section 19, World War Veterans’ Act 1924, 38 U.S.C.A. § 445. 4 Cir., 110 F.2d 296. On April 2, 1940, the appellant filed a petition for a rehearing, bringing to the attention of the Court for the first time the case of Rosario v. United States, 70 App.D.C. 323, 106 F.2d 844, decided by the United States Court of Appeals for the District of Columbia June…