TYSON
v.
UNITED STATES
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Tyson sought war risk disability benefits under a government insurance contract and filed a claim with the Veterans' Administration in 1931, which was denied in November 1932; the Supreme Court held that Tyson's lawsuit, filed one day after receiving the denial letter, was untimely because the statute of limitations suspension ended upon denial of the claim, and suit had to be brought before that date to comply with the one-year filing requirement established by the World War Veterans' Act.
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Mr. Justice McReynolds delivered the opinion of the Court.
Petitioner, Tyson, sued to recover total permanent dis-. ability benefits under a war risk term insurance contract, kept in force by premium payments while the insured remained in service. The petition, filed November 17, 1932, alleged that disability had existed ever since the claimant’s discharge from the Army, December 18, 1918.
The trial court dismissed the cause for want of jurisdiction, being of opinion that it was not instituted within the prescribed time. The Circuit Court of Appeals affirmed the judgment.
July 3, 1931, Tyson filed his claim with the Veterans’ Administration. November 16, 1932, he received from it a letter, dated November 12, 1932 and mailed at Washington November 14, 1932, which stated that this had been denied. Also — “You may consider süch -denial final for the purposes of instituting suit under Section 19 of the World War Veterans’ Act, 1924, as amended. If you accept the denial of the claim by the Council as final, the suspension of the statute of limitations provided by Section 19 shall cease from and after the date of this letter plus the number of days usually required by the Post Office Department for the transmission of regular mail from Washington, D. C., to your last address of record.”
The question for decision is whether the petitioner brought suit within the time permitted by -§' 19, Act of 1924, as amended. §445, title 38,-. United States Code; c. 849, § 4, 46 Stat. 992, approved July 3, Í930.-
“No suit on yearly renewable term insurance shall be allowed under this section unless the same shall have been brought within six years after thé-right accrued for which the claim is made or within one year after the .date of approval of this amendatory Act, whichever is the later date, . . . : Provided,. That for'the. purposes of this section it shall be deemed that the right accrued on the happening of the contingency on which the claim. is founded: Provided further, That this, limitation is-suspended for the period elapsing between the filing in the bureau of the claim sued upon and the denial of said claim by the director.” •
Manifestly, suit was not begun within six years after the right accrued, or within one year after July 3, 1930. Permission to sue had expired unless the limitation was suspended between the filing on July 3, 1931 and November 17, 1932, when proceedings began in the trial court.
Whether the denial .occurred November 12th, the date given the letter of advice, or November 14th, when this was mailed, or November 16th, when the claimant actually received it, although much debated by counsel, we need not consider. The statute provides: No suit . . . shall be allowed . . . unless . . . brought within six years after the right accrued ... or within one year after July 3, 1930, whichever is the later date. But this limitation was suspended by the proviso for the period between the filing and denial of the claim.
In any view, the denial occurred not later than November 16th, 1932. And, with that day, the suspension of the statute ended — certainly the period between July 3, 1931 and November 16, 1932 did not extend beyond the latter day. The plain words employed by Congress require-this conclusion. Suit was not begun until the 17th, and that was too late.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lopez v. United States, 82 F.2d 982 (4th Cir. 1936)…days, prior to and including July 3, 1931, that the claim is pending in the Bureau, and that the claimant is entitled to bring suit within that number of days after the denial of his claim. Tyson v. United States (C.C [*985] .A.) 76 F.(2d) 533; Id., 56 S.Ct 390, 80 L.Ed. -; Weaver v. United States (C.C.A.) 72 F.(2d) 20. The government has waived, for the purposes of the instant suit, any right it might have to argue that the denial by the Central Board of Appeals on December 19, 1924, was a sufficient dis…
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Munro v. United States, 89 F.2d 614 (2d Cir. 1937)…has been held directly or By intimation that the procedure of sections 5 and 6 of the Tucker Act (28 U.S.C.A. §§ 762, 763) must be followed. Walton v. United States, 73 F.(2d) 15 (C.C.A.8); Tyson v. United States, 76 F. (2d) 533 (C.C.A.4), affirmed 297 U.S. 121, 56 S.Ct. 390, 80 L.Ed. 520; Creasy v. United ,States, 4 F.Supp. 175, 179 (D.C. W.D.Va.); Spencer v. United States, 14 F.Supp. 46, 47 (D.C.D.Mass.) ; Henry v. United States, 15 F.Supp. 651 (D.C.M.D. Pa.). On the other hand, Judge Dickinson held in M…
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United States v. Green, 84 F.2d 449 (6th Cir. 1936)…en he takes action denying it and not when notice of denial is received by the claimant. We have given consideration to the reasoning of the Tyson Case and are not in accord. The point was not considered by the Supreme Court. Tyson v. United States, 297 U.S. 121, 56 S.Ct. 390, 80 L.Ed. 520. We conclude that there remained to appellee one day after February 5th within [*451] which to bring her action and that its commencement on February 6, 1932, was timely- Judgment affirmed.…
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