MEMORANDUM AND ORDER
FLANNERY, District Judge.
This challenge to the Veterans Administration's "birth by another" rule comes before the court on cross-motions for partial summary judgment, and on the defendant's motion, opposed by the plaintiffs, to dismiss for want of subject matter jurisdiction. The court concludes that the nature of the plaintiffs' claims are such that the motion to dismiss must be denied as to the constitutional challenges to the "birth...
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