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MORGAN v. HINES

No. 8890.

149 F.2d 21 (1945)

MORGAN v. HINES, Adm'r of Veterans Affairs.

United States Court of Appeals District of Columbia.

Decided April 16, 1945.

Attorney(s) appearing for the Case

Mr. Claude L. Dawson, of Washington, D. C., with whom Mr. Robert H. McNeill, of Washington, D. C., was on the brief, for appellant.

Mr. David A. Turner, Attorney, Department of Justice, of Washington, D. C., with whom Mr. Francis M. Shea, Assistant Attorney General, and Messrs. Wilbur C. Pickett, Acting Director, Bureau of War Risk Litigation, Edward M. Curran, United States Attorney, and Fendall Marbury, Attorney, Department of Justice, all of Washington, D. C., were on the brief, for appellee.

Before MILLER, EDGERTON, and ARNOLD, Associate Justices.

MILLER, Associate Justice.

Appellant sought in the District Court an order requiring appellee, as Administrator of Veterans Affairs, to perform what she called his ministerial duty to reinstate a policy of insurance. The Court granted appellee's motion to dismiss the complaint. We conclude that the complaint was properly dismissed. The Regulation,1 upon which our decision turns, reads as follows: "The applicant for reinstatement of United...

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