VICTORIO v. UNITED STATES

No. 49541.

91 F.Supp. 748 (1950)

VICTORIO v. UNITED STATES.

United States Court of Claims.

July 10, 1950.


Attorney(s) appearing for the Case

No appearance for plaintiff.

Thomas O. Fleming, Washington, D. C., with whom was Acting Assistant Attorney General Newell A. Clapp, for the defendant. John B. Miller, Washington, D. C., was on the brief.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and HOWELL, Judges.


HOWELL, Judge.

The defendant has moved the court to dismiss plaintiff's petition on the grounds that it does not state a cause of action within our jurisdiction and further that it does not comply with certain rules of the court.

We need only to consider defendant's first ground for its motion as we consider that sufficient in itself to require a dismissal of the petition.

At the outset, it is well to emphasize that Title 28, § 1491, U.S.C.A....

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