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ARCHILLA v. ADMINISTRATOR OF VETERANS AFFAIRS

Civ. No. 429-72.

366 F.Supp. 45 (1973)

Esteban Navarro ARCHILLA and Maria J. Diaz, Plaintiffs, v. ADMINISTRATOR OF VETERANS AFFAIRS, Defendant.

United States District Court, D. Puerto Rico.

September 13, 1973.

Attorney(s) appearing for the Case

José R. Gaztambide Gómez, Hato Rey, P. R., for plaintiffs.

Ignacio Rivera Cordero, Asst. U. S. Atty., San Juan, P. R., for defendant.

ORDER

PESQUERA, District Judge.

This matter is before the Court on defendant's motion to dismiss and plaintiffs' opposition to the same.

Defendant alleges that plaintiffs have failed to file a prior administrative claim pursuant to 28 U.S.C. Section 2675(a), which is a jurisdictional requirement for the filing of an action sounding in tort. Plaintiffs counter that this is an action for breach of contract and, therefore, the filing of a prior administrative...

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