Waterman v. Nelson

The claim against the defendant, Rossell, is only for damages as he has no authority to reinstate the plaintiff in the Veterans Administration; and, as a claim for damages, it is invalid under our recent decision-in Gregoire v. Biddle, 2 Cir., 177 F.2d 579. Rossell appeared only for himself, -and none of the other defendants have been served, nor have they appeared, or asked for any relief. The action was, however, commenced against all the defendants by the filing of the complaint—Rule 3— and we know of nothing in the general rules which would justify the district court, sua sponte, in…