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COSGRIFF v. UNITED STATES

No. 50-66.

387 F.2d 390 (1967)

Robert J. COSGRIFF v. The UNITED STATES.

United States Court of Claims.

December 15, 1967.

Attorney(s) appearing for the Case

Harry E. Wood, Washington, D. C., attorney of record, for plaintiff. Marvin M. Mitchelson, Beverly Hills, Cal., and Jeffrey M. Glosser, Washington, D. C., of counsel.

LeRoy Southmayd, Jr., Washington, D. C., with whom was Acting Asst. Atty. Gen. Carl Eardley, for defendant.

Before COWEN, Chief Judge, JONES, Senior Judge, and DURFEE, DAVIS, COLLINS, SKELTON, and NICHOLS, Judges.

COLLINS, Judge.

Plaintiff, a former commissioned officer of the Army of the United States, seeks to recover disability retirement pay for the 6 years prior to the filing of his petition on February 14, 1966. Defendant has moved to dismiss the petition on the ground that plaintiff's claim is barred by the statute of limitations, 28 U.S.C. § 2501, and plaintiff has moved for summary judgment. A statement of facts follows:

In 1945, plaintiff, a captain in...

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