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HARRIS v. SECRETARY, U.S. DEPT. OF VETERANS AFFAIRS

No. 96-5091.

126 F.3d 339 (1997)

Geraldine HARRIS, Appellant, v. SECRETARY, U.S. DEPARTMENT OF VETERANS AFFAIRS, and U.S. Department of Veterans Affairs, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided October 10, 1997.

Attorney(s) appearing for the Case

Karl W. Carter, Jr., Mount Rainier, MD, argued the cause and filed the briefs for appellant.

Marina Utgoff-Braswell, Assistant U.S. Attorney, Washington, DC, argued the cause for appellees, with whom Eric H. Holder, Jr., U.S. Attorney at the time the brief was filed, and R. Craig Lawrence, Assistant U.S. Attorney, were on the brief.

Before: EDWARDS, Chief Judge, WALD and GARLAND, Circuit Judges.

Opinion for the Court filed by Chief Judge EDWARDS.

EDWARDS, Chief Judge:

This case requires the court to decide what course the District Court should take when a party raises the affirmative defense of statute of limitations for the first time in a dispositive motion, rather than in a responsive pleading as required by Rule 8(c) of the Federal Rules of Civil Procedure. Appellant Geraldine Harris (Geraldine Harris Coombs at the time of the events in question...

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