Legal Opinion
Bader v. Administrator of Veterans Affairs for Department of United States Army
District Court, D. New Jersey
Decided May 24, 1979No. Civ. A. No. 79-563Published
1Opinion of the Court
OPINION
BROTMAN, District Judge.
The Administrator of Veterans Affairs for the Department of the United States Army [hereafter, “the Administrator”], one of the defendants in this action, brings this motion to dismiss for failure to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b)(6).
Plaintiff, Arthur E. Bader, Sr., is the executor of the estate of his son, Arthur E. Bader, Jr. [hereafter, “decedent”]. Decedent was listed as missing in action in Vietnam in November, 1968. The Army rendered a presumptive finding of death in August of 1978. Thereupon plaintiff was notified that…
2Cases cited7 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- United States v. OregonSupreme Court of the United States · 1961
- Bell v. United StatesSupreme Court of the United States · 1961
- Annie Lenora Shannon v. United States of America and Prudential Insurance Company of AmericaCourt of Appeals for the Fifth Circuit · 1969
- Scamman v. ScammanMontgomery County Court of Common Pleas · 1950
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