ANDERSON v. UNITED STATES ATOMIC ENERGY COMMISSION

No. 13863.

313 F.2d 313 (1963)

Herbert L. ANDERSON, Petitioner, v. UNITED STATES ATOMIC ENERGY COMMISSION et al., Respondents.

United States Court of Appeals Seventh Circuit.

February 7, 1963.


Attorney(s) appearing for the Case

William E. Lucas, Chicago, Ill., Julius Tabin, Chicago, Ill. (Soans, Anderson, Luedeka & Fitch, Chicago, Ill., of counsel), for petitioner.

Stephen B. Swartz, Department of Justice, Washington, D. C., Joseph F. Hennessey, Gen. Counsel, Atomic Energy Commission, Washington, D. C. (Joseph D. Guilfoyle, Acting Asst. Atty. Gen., Alan S. Rosenthal, Stanley M. Kolber, Attorneys, Department of Justice, Washington, D. C., Sidney G. Kingsley, Roland A. Anderson, Asst. Gen. Counsels, John A. Horan, Attorney, Atomic Energy Commission, Washington, D. C., of counsel), for respondent.

Before DUFFY, CASTLE and KILEY, Circuit Judges.


CASTLE, Circuit Judge.

This matter is before the Court on the petition of Herbert L. Anderson for review of an order dismissing,1 without consideration of its merits, the application of petitioner for an award under Section 157(b) (3) of the Atomic Energy Act of 1954 (42 U.S.C.A. § 2187(b) (3)). The application was held barred by 28 U.S.C.A. § 2401(a) because it had not been brought within six years of its accrual.

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