FORD, District Judge.
This case is submitted upon the defendant's demurrer to the plaintiff's petition, as amended. The demurrer was filed before the effective date of the new rules and, hence, it will be treated as a motion to dismiss under Rule 12(b), Rules of Civil Procedure for District Courts, 28 U.S.C. A. following section 723c.
It appears that at the time the plaintiff's claim was originally filed with the Veterans' Administration on March 26, 1931...
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