ORDER ON DEFENDANT'S MOTION TO DISMISS
HEMPHILL, District Judge.
Defendant's Motion to Dismiss, filed June 29, 1977, invites a decision by this court. This is a case in which the plaintiff, by Complaint filed May 30, 1977, presumably under 28 U.S.C. § 1346(b) claims he is disabled by Diabetes Mellitus which he claims he had when he was inducted into the Army in 1952, claims that the physical examination given him at the time was characterized by negligence...
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