District Court, S.D. New York March 29, 1968, No. 67 Civ. 1019 (Teplitsky v. Bureau of Compensation U. S. Department of Labor)

MEMORANDUM

MacMAHON, District Judge.

The government moves for summary judgment under Rule 56, Fed.R.Civ.P., dismissing the complaint and for a declaratory judgment, 28 U.S.C. § 2201, that plaintiff elect which of two government disability awards he will receive in the future.

The court has carefully read through all of plaintiff’s extensive pleadings, papers and exhibits.