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MISTRETTA v. UNITED STATES

No. 101-52.

120 F.Supp. 264 (1954)

MISTRETTA v. UNITED STATES.

United States Court of Claims.

April 6, 1954.

Attorney(s) appearing for the Case

Paul R. Harmel, Washington, D. C., for plaintiff.

Benton C. Tolley, Jr., Washington, D. C., Warren E. Burger, Asst. Atty. Gen., Wilson Myers, Washington, D. C., on the brief, for defendant.

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

LITTLETON, Judge.

Plaintiff, a former second lieutenant in the Army, brings this suit to recover pay and allowances in the amount of $926.38 for the period November 6, 1944, to February 13, 1945. The case comes before the court on defendant's motion for summary judgment asking dismissal of plaintiff's amended petition on the grounds that plaintiff's claim is barred by our six-year statute of limitation. 28 U.S.C.1946 Ed. (Supp. IV), § 2501, 62 Stat. 976.

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