WELLMAN v. WHITTIER

No. 14131.

259 F.2d 163 (1958)

Saul L. WELLMAN, Appellant, v. Sumner G. WHITTIER, Individually and as Administrator of Veterans' Affairs, United States Veterans Administration, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 19, 1958.

Petition for Rehearing Denied September 12, 1958.


Attorney(s) appearing for the Case

Mr. Osmond K. Fraenkel, New York City, with whom Mr. James H. Heller, Washington, D. C., was on the brief, for appellant.

Mr. B. Jenkins Middleton, Attorney, Department of Justice, with whom Asst. Atty. Gen. George C. Doub, Messrs. Oliver Gasch, U. S. Atty., and Morton Hollander, Attorney, Department of Justice, were on the brief, for appellee. Mr. Melvin Richter, Attorney, Department of Justice at the time the record was filed, also entered an appearance for appellee.

Before BAZELON, DANAHER and BASTIAN, Circuit Judges.


DANAHER, Circuit Judge.

Wellman invoked the District Court's jurisdiction pursuant to 28 U.S.C. § 2201 which authorizes the court in appropriate situations to "declare the rights and other legal relations of any interested party seeking such declaration." He also asked that the Administrator be required to resume payment of his service-connected disability compensation which had been declared forfeited. After consideration of Wellman's motion for summary judgment...

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