Blaine v. United States

ON DEFENDANT’S MOTION TO DISMISS

OPINION

SETO, Judge:

This military pay case is before the court on defendant’s motion to dismiss for lack of jurisdiction. Defendant asserts that plaintiff’s claims for higher active duty pay and for promotion during the period 1943-1945, and for higher retired pay since 1945, are barred by the statute of limitations. Plaintiff, adversatively, contends that his claims involve questions of law only, and are therefore “continuing claims” not barred by the statute. Plaintiff has cross-moved for summary judgment on the merits of his claims.

For the reasons set forth…