Legal Opinion

Anthony

United States Court of Claims

Decided March 3, 1978No. 438-77Published

1Opinion of the Court

"This claim involves a former CIA employee who waited 17 years from the time of his alleged involuntary resignation in 1960 to file suit here in 1977 for back pay. The case comes before the court on defendant’s motion to dismiss, which asserts plaintiffs claim is barred by our 6-year statute of limitations, 28 U.S.C. § 2501. Plaintiff contends that the statute is tolled during the period that an aggrieved party is under duress and asserts that agency action placed him in perpetual fear which excuses his delay in filing suit. We do not need to determine now whether duress may ever operate to…

2Cases cited5 opinions

  1. Soriano v. United StatesSupreme Court of the United States · 1957
  2. Kirby v. United StatesUnited States Court of Claims · 1973
  3. Fruhauf Southwest Garment Co. v. United StatesUnited States Court of Claims · 1953
  4. Leone v. United StatesUnited States Court of Claims · 1974
  5. Saltzman v. Great American Indemnity Co.District Court, W.D. Arkansas · 1953

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