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WERNER v. UNITED STATES

No. 12612.

188 F.2d 266 (1951)

WERNER v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

April 4, 1951.

Attorney(s) appearing for the Case

Erwin P. Werner, Los Angeles, Cal., in pro. per., for appellant.

A. Devitt Vanech, Asst. Atty. Gen., Ernest A. Tolin, U. S. Atty., Irl D. Brett, Sp. Asst. to Atty. Gen., Los Angeles, Cal., Roger P. Marquis, Harold S. Harrison, Attys., Dept. of Justice, Washington, D. C., for appellee.

Before DENMAN, Chief Judge, and BIGGS and ORR, Circuit Judges.

BIGGS, Circuit Judge.

The plaintiff and appellant, Werner, who appears here in propria persona, brought suit against the United States for reformation of a lease and to recover a sum of money as reasonable rent for use and occupancy of the land leased. The United States moved to dismiss and the court below granted the motion holding that the suit was barred by the time limitation imposed by Section 2401(a), Title 28 United States Code Annotated.

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