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DI SILVESTRO v. UNITED STATES VETERANS' ADMINISTRATION

Civ. No. 15366.

132 F.Supp. 692 (1955)

Joseph W. DI SILVESTRO, (veteran), Plaintiff, v. UNITED STATES VETERANS' ADMINISTRATION et al., Defendants.

United States District Court E. D. New York.

June 24, 1955.

Attorney(s) appearing for the Case

Joseph W. Di Silvestro, Long Island City, pro se.

Leonard P. Moore, U. S. Atty., Brooklyn, N. Y., Elliot Kahaner, Asst. U. S. Atty., Brooklyn, N. Y., for defendants.

GALSTON, District Judge.

These are cross-motions which will be disposed of in this opinion.

Defendants move for a dismissal of the complaint on the grounds that the court lacks jurisdiction over the subject-matter; that the complaint fails to state a claim upon which relief can be granted, and that the plaintiff failed to join an indispensable party. The plaintiff's cross-motion in effect seeks to dismiss defendant's motion, and a declaratory judgment adjudging...

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