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MARTYNIUK v. COMMONWEALTH OF PENNSYLVANIA

No. 43543.

282 F.Supp. 252 (1968)

Anna Emelianov MARTYNIUK et al. v. COMMONWEALTH OF PENNSYLVANIA and United States of America.

United States District Court E. D. Pennsylvania.

March 26, 1968.

Attorney(s) appearing for the Case

Ostroff & Lawler, Philadelphia, Pa., for plaintiffs.

H. W. Salus, Jr., Philadelphia, Pa., for the Commonwealth.

Drew J. T. O'Keefe, U. S. Atty., Philadelphia, Pa., for the United States.

OPINION AND ORDER

TROUTMAN, District Judge.

This matter is before the Court for disposition of defendants' motions pursuant to Rule 12(b) of the F.R.Civ.P., to dismiss this action for lack of jurisdiction.

Gregory Martyniuk, a Russian immigrant, and a veteran of the armed forces, died intestate in a Veterans' Administration Hospital on August 12, 1950. He left an estate in excess of fifty thousand dollars ($50,000.00), representing disability compensation...

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