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HOLLEY v. UNITED STATES

Civ. A. No. 71-401.

352 F.Supp. 175 (1972)

Carl P. HOLLEY, Plaintiff, v. UNITED STATES of America et al., Defendants.

United States District Court, S. D. Ohio, E. D.

October 31, 1972.

Attorney(s) appearing for the Case

Barkan, Barkan & Neff, Irwin W. Barkan, Columbus, Ohio, Charles W. Frayne, Springfield, Ohio, for plaintiff.

William W. Milligan, U. S. Atty., W. Robinson Watters, Asst. U. S. Atty., Columbus, Ohio, for defendants.

OPINION AND ORDER

KINNEARY, District Judge.

This matter is before the Court on plaintiff's motion to convene a three judge court pursuant to the provisions of Title 28, United States Code, Sections 2282 and 2284, for the purpose of determining the constitutionality of 38 U.S.C. § 211(a) and 38 C.F.R. § 14.655. The United States has filed a motion to dismiss the action for lack of jurisdiction over the subject matter.

Section 211(a) provides...

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