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ROMANIUK v. LOCKE

3 F.Supp. 529 (1932)

ROMANIUK v. LOCKE, Deputy Commissioner.

District Court, S. D. New York.

November 23, 1932.

Attorney(s) appearing for the Case

Blum & Jolles, of New York City, for plaintiff.

U. S. Atty., for defendant.

CAFFEY, District Judge.

The complaint does not directly allege that the claim was filed within a year after the date of death. In the eighth paragraph it is alleged that the claim was filed "timely under the statute"; but obviously that is a mere conclusion. On the other hand, an exhibit — whose recitals may be considered (Nauvoo v. Ritter, 97 U.S. 389, 24 L. Ed. 1050; Everglades Drainage League v. Napoleon B. Broward Drainage...

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