Di Silvestro v. United States Veterans' Administration

GALSTON, District Judge.

These are cross-motions which will be disposed of in this opinion.

Defendants move for a dismissal of the complaint on the grounds that the court lacks jurisdiction over the subject-matter; that the complaint fails to state a claim upon which relief can be granted, and that the plaintiff failed to join an indispensable party. The plaintiff’s cross-motion in effect seeks to dismiss defendant’s motion, and a declaratory judgment adjudging his rights, and miscellaneous relief.

The subject-matter of this litigation has been before the courts on several occasions. See Di…