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HOMCY v. UNITED STATES

No. 187-74.

536 F.2d 360 (1976)

Albert C. HOMCY v. The UNITED STATES.

United States Court of Claims.

June 16, 1976.

Attorney(s) appearing for the Case

Robert H. Reiter, Washington, D.C., atty. of record, for plaintiff; Spaulding, Reiter & Rose, Washington, D.C., of counsel.

Stephen G. Anderson, Washington, D.C., with whom was Asst. Atty. Gen. Rex E. Lee, Washington, D.C., for defendant.

Before NICHOLS, KUNZIG and BENNETT, Judges.

ON PLAINTIFF'S MOTION AND DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT

KUNZIG, Judge:

In this military pay case plaintiff, a former U.S. Army lieutenant, seeks to recover accrued pay, allowances, and other benefits allegedly denied him from the time of his improper separation from the service in 1944. Because plaintiff's claim is barred by the six-year statute of limitations and has not been revived by recent events, we hold for defendant.

The circumstances...

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