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MARCOS v. UNITED STATES

No. 50278.

102 F.Supp. 547 (1952)

MARCOS v. UNITED STATES.

United States Court of Claims.

February 5, 1952.

Attorney(s) appearing for the Case

Harold H. Martin, Washington, D. C., (George A. Nugent, Washington, D. C., and William R. Ives, Los Angeles, Cal., on the brief), for the plaintiff.

Thomas O. Fleming, Washington, D. C., Holmes Baldridge, Asst. Atty. Gen., for the defendant.

Matthew E. McCarthy, New York City, filed a brief on behalf of Juan D. Quintos, et al., as amicus curiae, in support of plaintiff.

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

HOWELL, Judge.

On August 14, 1951, plaintiff filed suit to recover $594,900, which represents the alleged value of 2,366 head of cattle requisitioned from his ranch during the period from December 9, 1941 to January 28, 1942 by the United States Army forces operating on the Island of Mindanao in the Philippines. Defendant has moved, pursuant to Rule 16(b), 28 U.S.C., to dismiss plaintiff's petition on the ground that the claim is barred by the Statute of Limitations...

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