LUFF v. UNITED STATES

No. 49392.

100 F.Supp. 925 (1951)

LUFF et al. v. UNITED STATES.

United States Court of Claims.

November 6, 1951.


Attorney(s) appearing for the Case

R. Sidney Johnson, Washington, D. C., for plaintiffs.

Edward L. Metzler, Washington, D. C., with whom was Asst. Atty. Gen. Holmes Baldridge, for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and HOWELL, Judges.


WHITAKER, Judge.

This case is before the court on defendant's motion to dismiss for lack of jurisdiction because the petition fails to show on its face that plaintiffs complied with section 13 of the Contract Settlement Act, 58 Stat. 649, 660, 41 U.S.C.A. § 113, requiring the institution of suit in this court "within ninety days after delivery to him of the findings by the contracting agency".

After having set out their claim against the defendant, plaintiffs...

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