Adcox Schools v. Administrator of Veterans Affairs

The Administrator of Veterans Affairs, hereafter Administrator, moves to dismiss the petition of Adcox Schools, a corporation, hereafter Schools, to review and set aside the decision and order of the Veterans Education Appeals Board, made and entered on the 14th day of May, 1954, wherein the Veterans Education Appeals Board denied the petition of Schools for rehearing and wherein the Veterans Education Appeals Board held that Schools did not have a customary cost of tuition because Schools, although established prior to June 22, 1944, had not been in continuous operation since that date and because Schools had not enrolled and trained students continuously on and subsequent to that date. The ground of the motion is that this court lacks jurisdiction to entertain the petition.

Section 2 of Public Law 610, 81st Congress, 38 U.S.C.A.Reg.No. 1(A), Part VIII, Paragraph 11,) which created the Veterans Education Appeals Board provides as follows:

Section 10 of the Administrative Procedure Act, 5 U.S.C.A. § 1009 , provides in part as follows:

The Administrator does not contend that the Administrative Procedure Act gives Schools no right at all to review, but contends solely that such…