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STEINMASEL v. UNITED STATES

Civ. No. 1286.

202 F.Supp. 335 (1962)

Kenneth STEINMASEL, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. South Dakota, S. D.

January 15, 1962.

Attorney(s) appearing for the Case

Martin Weeks, of Bogue & Weeks, Vermillion, S. D., for plaintiff.

Travis H. Lewin, Asst. U. S. Atty., Sioux Falls, S. D., for defendant.

MICKELSON, Chief Judge.

Plaintiff is a veteran of the Armed Forces, and in this action is asserting against the United States a claim for damages for loss of educational benefits under Title 38 U.S.C.A. The United States has filed a motion to dismiss on the grounds that the court lacks jurisdiction under 38 U.S.C.A. § 211(a) and 28 U.S.C.A. § 2680(h). For the purposes of this motion, the facts stated in the complaint must be accepted as true.

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