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WATERMAN v. NELSON

No. 22, Docket 21349.

177 F.2d 965 (1949)

WATERMAN v. NELSON et al.

United States Court of Appeals, Second Circuit.

Decided November 17, 1949.

Attorney(s) appearing for the Case

Corinne C. Waterman, pro se.

John F. Ryan, New York City, John F. X. McGohey, New York City, United States Attorney for the Southern District of New York, argued for defendant-appellees.

Before L. HAND, Chief Judge and SWAN and FRANK, Circuit Judges.

PER CURIAM.

The claim against the defendant, Rossell, is only for damages as he has no authority to reinstate the plaintiff in the Veterans Administration; and, as a claim for damages, it is invalid under our recent decision in Gregoire v. Biddle, 2 Cir., 177 F.2d 579. Rossell appeared only for himself, and none of the other defendants have been served, nor have they appeared, or asked for any relief. The action was, however, commenced...

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