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BOWEN v. U.S.

No. 01-5144.

292 F.3d 1383 (2002)

Gary W. BOWEN, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided June 7, 2002.

Attorney(s) appearing for the Case

Guy J. Ferrante, King & Everhard, P.C., of Springfield, VA, argued for plaintiff-appellant.

Brent McBurney, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director; and Harold D. Lester, Jr., Assistant Director. Of counsel on the brief was Maj. Jennifer L. McDermott, United States Air Force, General Litigation, of Arlington, VA.

Before NEWMAN, RADER, and PROST, Circuit Judges.

PROST, Circuit Judge.

Major Gary W. Bowen appeals the final decision of the Court of Federal Claims dismissing his complaint for lack of jurisdiction because the statute of limitations expired before he filed his claim. There are two questions presented in this case: (a) whether the six-year statute of limitations commenced running on the day Major Bowen was discharged or on the day after, and (b) whether the Soldiers' and Sailors' Civil Relief Act of 1940 ("SSCRA...

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