Abbey Madolyn Cook v. Harvey v. Higley, or His Successor, Administrator of Veterans' Administration

Appellant instituted this proceeding in the District Court to obtain a judicial review of a decision by the Administrator of Veterans’ Affairs denying compensation or pension to her as the alleged widow of a World War I veteran. Appellee moved to dismiss or, alternatively, for summary judgment, on the grounds that the District Court lacked jurisdiction over the subject matter of the cause and that the complaint failed to state a claim upon which relief might be granted. The motion was granted and the cause dismissed with prejudice, the court relying on 38 U.S.C.A. § 705 and 38 U.S.C.A. §…