ROBERT FRITZ, PLAINTIFF-APPELLANT,
v.
DIRECTOR OF VETERANS ADMINISTRATION, ETC., DEFENDANT-APPELLEE
ROBERT FRITZ, PLAINTIFF-APPELLANT,
DIRECTOR OF VETERANS ADMINISTRATION, ETC., DEFENDANT-APPELLEE
427 F.2d 154
United States Court of Appeals for the Ninth Circuit (1970)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM:
We have carefully considered the appellant’s brief and the clarification of appellant’s position presented to us by him at oral argument, acting in pro. per. Appellant has had a full opportunity to present his claims to the District Court and to us. However, neither the District Court nor this court has been authorized by any Act of Congress to decide the merits of appellant’s claim. On the contrary, Congress, by the enactment of 38 U.S.C. § 211(a) has expressly deprived the courts of any jurisdiction to do so. Under the circumstances, the District Court had no choice; the law required it to dismiss the action. The same law requires us to affirm the judgment. No possible benefit can come to appellant by the continuance of this litigation. It should now be brought to a close. For the same reason, appellant’s motion, filed October 27, 1969, must be denied.
The judgment is affirmed. The motion is denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ross v. United States, 462 F.2d 618 (9th Cir. 1972)
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Gillmore M. Perry v. The United States, 527 F.2d 629 (Ct. Cl. 1975)