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HART v. U.S.

No. 90-5007.

910 F.2d 815 (1990)

Jewell M. HART, Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 2, 1990.

Attorney(s) appearing for the Case

Jewell M. Hart, Hampstead, N.C., pro se.

James M. Kinsella, Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., argued for defendant-appellant. With him on the brief were Stuart M. Gerson, Acting Asst. Atty. Gen. and David M. Cohen, Director. Also on the brief was Captain Paul C. Clark, Office of the Judge Advocate Gen., U.S. Air Force, Washington, D.C., of counsel.

Before MARKEY, Circuit Judge, SKELTON, Senior Circuit Judge, and DUPLANTIER, District Judge.

DUPLANTIER, District Judge.

The United States Claims Court decided that this suit for annuity benefits under the Survivor Benefit Plan, 10 U.S.C. §§ 1447-1455 (1982), filed by a widow more than six years after the death of her military retiree husband, is not barred by the statute of limitations, 28 U.S.C. § 2501 (1988), as to benefits which had become due and payable to her within six years prior to her filing suit, on the ground that it is a "continuing...

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