MILLER v. UNITED STATES

No. 1802-A.

13 F.Supp. 684 (1936)

MILLER v. UNITED STATES.

District Court, W. D. New York.

February 18, 1936.


Attorney(s) appearing for the Case

Daniel J. O'Mara, of Rochester, N. Y. (Edmund Clynes, of Rochester, N. Y., of counsel), for plaintiff.

George L. Grobe, of Buffalo, N. Y. (Goodman A. Sarachan, of Rochester, N. Y., of counsel), for the United States.


RIPPEY, District Judge.

This is a motion to dismiss the petition of the veteran on the ground that it had been filed too late. According to the conceded facts, the last day on which to commence suit was June 19, 1935. The veteran caused a summons to be issued under the hand and seal of the clerk of this court on June 18, 1935, and the same was on that day duly served upon the United States Attorney for the Western District of New York and upon the Attorney General...

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