Donald A. Henke v. United States
Court of Appeals for the Federal Circuit
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
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
- Burnett v. New York Central RailroadSupreme Court of the United States · 1965
- United States v. LockeSupreme Court of the United States · 1985
- Nager Electric Company, Inc. And Keystone Engineering Corporation v. The United StatesUnited States Court of Claims · 1966
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