Di Silvestro v. United States Veterans Administration

BYERS, District Judge.

There are two motions now pending in this case which has been the subject of careful and detailed exposition by Judge Galston in D.C., 81 F.Supp. 844. His decision was unanimously affirmed in 2 Cir., 173 F.2d 933, the opinion being 'by Judge ■Clark.

The first motion is to dismiss the amended complaint filed November 4, 1949, pursuant to order dated October 13, 1949, which seems to have been granted in response to the plaintiff’s assertion that he had failed to include allegations essential to his case, because of the limitations attaching to one who acts as his own…