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EASTERN PARALYZED VETERANS, ASSOC. v. VETERANS' ADMIN.

No. 89 Civ. 0315 (RJW).

762 F.Supp. 539 (1991)

EASTERN PARALYZED VETERANS ASSOCIATION, INC., Plaintiff, v. VETERANS' ADMINISTRATION, Thomas K. Turnage, as Administrator of Veterans Affairs and Head of the Veterans' Administration, Ronald F. Lipp, as Director of the Castle Point Veterans' Administration Medical Center, C. Alex Alexander, as Chief of Staff of the Castle Point Veterans' Administration Medical Center, and Almira U. Yusi, as Chief, Spinal Cord Injury Service of the Castle Point Veterans' Administration Medical Center, Defendants.

United States District Court, S.D. New York.

April 22, 1991.

Attorney(s) appearing for the Case

Solomon & Fornari, P.C., New York City, for plaintiff; Richard M. Zuckerman, of counsel.

Otto G. Obermaier, U.S. Atty., S.D.N.Y., New York City, for defendants; Diana Hassel, Asst. U.S. Atty., of counsel.

OPINION

ROBERT J. WARD, District Judge.

Defendants Veterans' Administration, Thomas K. Turnage, Ronald F. Lipp, C. Alex Alexander, and Almira U. Yusi (collectively, the "VA") have moved, pursuant to Rules 12(b)(1) and 12(b)(6), Fed.R.Civ.P., to dismiss the complaint for lack of subject matter jurisdiction and failure to state a claim upon which relief may be granted.1 Plaintiff has moved for class certification. For the reasons...

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