HENKE v. U.S.

No. 94-5124.

60 F.3d 795 (1995)

Donald A. HENKE, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 12, 1995.


Attorney(s) appearing for the Case

George H. Dygert, Dygert & Associates, Charlottesville, VA, argued for plaintiff-appellant.

Martin F. Hockey, Jr., Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for defendant-appellee. With him on the brief were Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director and Jeanne E. Davidson, Asst. Director.

Before PLAGER and RADER, Circuit Judges, and COWEN, Senior Circuit Judge.


Opinion for the court filed by Circuit Judge PLAGER, with whom Senior Circuit Judge COWEN joins. Dissenting opinion filed by Circuit Judge RADER.

PLAGER, Circuit Judge.

Donald A. Henke appeals from a judgment of the Court of Federal Claims dismissing his suit against the United States as time-barred. Henke v. United States, No. 93-702C (Ct.Fed.Cl. May 10, 1994). We reverse and remand.

BACKGROUND

As the trial court correctly stated...

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