Legal Opinion

Mutch v. United States

United States Court of Federal Claims

Decided April 26, 2007No. 07-95CPublished

1Opinion of the Court

OPINION and ORDER

SMITH, Senior Judge.

Defendant has filed a Motion for Summary Dismissal arguing that Plaintiffs Complaint1 *314fails to allege a claim within this Court’s jurisdiction. Specifically, Defendant asserts that Plaintiff’s claim is time barred under the statute of limitations imposed by 28 U.S.C. § 2501. Plaintiff comes before this Court challenging the validity of his 1961 military discharge and asserts that the six year statute of limitations provided by 28 U.S.C. § 2501 does not apply to his claims.

After review of all the pleadings, the Court hereby GRANTS the Defendant’s Motion to…

2Cases cited9 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Haines v. KernerSupreme Court of the United States · 1972
  3. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  4. Gabriel J. Martinez v. United StatesCourt of Appeals for the Federal Circuit · 2003
  5. The Japanese War Notes Association of the Philippines, Inc. (Japwancap, Inc.) v. The United StatesUnited States Court of Claims · 1967

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