Steinmasel v. United States

MICKELSON, Chief Judge.

Plaintiff is a veteran of the Armed Forces, and in this action is asserting against the United States a claim for damages for loss of educational benefits under Title 38 U.S.C.A. The United States has filed a motion to dismiss on the grounds that the court lacks jurisdiction under 38 U.S.C.A. § 211(a) and 28 U.S.C.A. § 2680(h). For the purposes of this motion, the facts stated in the complaint must be accepted as true.

In July, 1960, after plaintiff’s discharge from the Armed Forces, but prior to his “delimiting date” (the date of the expiration of the time limit within…