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ODELL v. UNITED STATES

No. 145-55.

139 F.Supp. 747 (1956)

Courtney J. ODELL, Also Known as Casimir J. Odrovonz v. The UNITED STATES.

United States Court of Claims.

April 3, 1956.

Attorney(s) appearing for the Case

James K. Foley, Washington, D. C., for plaintiff. Edgar A. Wren and Gardiner, Wren & Gardiner, Washington, D. C., were on the briefs.

Kathryn H. Baldwin, Washington, D. C., with whom was Warren E. Burger, Asst. Atty. Gen., for defendant.

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

WHITAKER, Judge.

The Government has made a motion to dismiss the plaintiff's petition, asserting that the petition shows on its face that the claim asserted in it is barred by the statute of limitations, 28 U.S.C. § 2501. On November 8, 1955, the court rendered an opinion granting defendant's motion and dismissing plaintiff's petition. The case is now before us on plaintiff's motion for rehearing.

The plaintiff sues for retired pay to which he says he...

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