Di Silvestro v. United States Veterans Administration

BYERS, District Judge.

These are cross motions for summary judgment by plaintiff, and for dismissal by defendant.

This case is the most recent aspect of a litigation which has been presented to this court in various guises for many years.

The decision appearing in D.C., 132 F.Supp. 692, affirmed in 2 Cir., 228 F.2d 516, certiorari denied 350 U.S. 1009, 76 S.Ct. 654,100 L.Ed. 870, may be consulted for an explanation of the plaintiff’s essential claim for relief.

In that decision which was adverse to him, there was reserved to plaintiff the right to pursue any administrative rights which might have…