Schmidt v. United States

OPINION

NETTESHEIM, Judge.

This military pay case comes before the court on defendant’s motion for summary judgment. Defendant contends that plaintiffs’ claim is barred by this court’s six-year statute of limitations, 28 U.S.C. § 2501, as amended by the Federal Courts Improvement Act of 1982, Pub.L. No. 97-164, § 139(a), 96 Stat. 43 (1982), and by the doctrine of laches. After opposing summary judgment, plaintiff moved to dismiss without prejudice. Argument has been heard on the latter motion.

FACTS

Plaintiffs John Alexander Schmidt, John Richard Peter Sheehan, and Harry Clifford Thompson were…