United States Court of Claims.https://leagle.com/images/logo.png
Decided July 15, 1952.
Decided July 15, 1952.
Attorney(s) appearing for the Case
Harold H. Martin and John Ward Cutler, Washington, D. C. (George A. Nugent and Prew Savoy, Washington, D. C., on the brief), for plaintiff.
S. R. Gamer and Thomas O. Fleming, Washington, D. C., Holmes Baldridge, Asst. Atty. Gen. (Harry Davidson and Bernard Wohlfert, Washington, D. C., on the briefs), for the defendant.
Shearman & Sterling & Wright, New York City, amicus curiae for Oerlikon Machine Tool Works Buehrle & Co., plaintiff.
Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN, and HOWELL, Judges.
United States Court of Claims.
HOWELL, Judge.
On February 5, 1952, this court 102 F.Supp. 547, denied defendant's motion to dismiss plaintiff's petition as being barred by the Statute of Limitations, 28 U.S.C.A. § 2501, 62 Stat. 976. We concluded that the outbreak of war in the Philippine Islands on December 8, 1941, suspended the normal operation of the Statute of Limitations that this suspension was lifted on September 2, 1945, by the formal surrender...
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