Alley v. Chief, Finance Center, United States Army

STECKLER, Chief Judge.

This cause is before the court on the motion of the defendant to dismiss plaintiff’s petition. The stated grounds for said motion are: “1. That this court lacks jurisdiction over the subject matter of plaintiff’s petition, and 2. That the complaint fails to state a claim upon which relief can be granted.”

Plaintiff’s petition contains no short and plain statement of the grounds upon which the court’s jurisdiction depends, as required by Rule 8(a) (1), Federal Rules of Civil Procedure, 28 U.S. C.A. At first blush, the petition appeared to state a claim analogous to that…