Legal Opinion

Donald A. Henke v. United States

Court of Appeals for the Federal Circuit

Decided July 12, 1995No. 19-1630PublishedCited by 957 opinions

1Opinion of the Court

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, in deciding the Government’s motion to dismiss plaintiff Henke’s complaint, the court was obligated to assume all factual allegations to be true and to draw all…

2Cases cited9 opinions

  1. Scheuer v. RhodesSupreme Court of the United States · 1974
  2. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  3. Burnett v. New York Central RailroadSupreme Court of the United States · 1965
  4. United States v. LockeSupreme Court of the United States · 1985
  5. Nager Electric Company, Inc. And Keystone Engineering Corporation v. The United StatesUnited States Court of Claims · 1966

4 more not listed; retrieve them via the Exa API.

3Cited by957 opinions

  1. Trusted Integration, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2011
  2. Samish Indian Nation v. United StatesCourt of Appeals for the Federal Circuit · 2005
  3. Bernard v. United StatesUnited States Court of Federal Claims · 2004
  4. Minehan v. United StatesUnited States Court of Federal Claims · 2007
  5. Pikulin v. United StatesUnited States Court of Federal Claims · 2011

952 more not listed; retrieve them via the Exa API.

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