Legal Opinion

Kirby v. United States

United States Court of Claims

Decided May 11, 1973No. 760-71PublishedCited by 145 opinions

1Opinion of the CourtBennett, Judge

The plaintiff is a former Air Force master sergeant who on October 12,1971, brought this suit pursuant to 28 U.S.C. § 1491 in an attempt to recover active duty back pay and allowances and retired pay and allowances denied him as a result of an alleged illegal discharge he received from the Air Force on May 2, 1963. The court concludes with respect to the active duty pay claim that the plaintiff’s petition must be dismissed as outside our jurisdiction for having failed to hurdle the threshold issue of the 6-year statute of limitations (28 U.S.C. § 2501). With respect to the retired pay claim…

2Cases cited18 opinions

  1. United States v. KingSupreme Court of the United States · 1969
  2. Friedman v. United StatesUnited States Court of Claims · 1962
  3. Crown Coat Front Co. v. United StatesSupreme Court of the United States · 1967
  4. Nager Electric Company, Inc. And Keystone Engineering Corporation v. The United StatesUnited States Court of Claims · 1966
  5. Oceanic Steamship Co. v. United StatesUnited States Court of Claims · 1964

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

3Cited by145 opinions

  1. Gabriel J. Martinez v. United StatesCourt of Appeals for the Federal Circuit · 2003
  2. Catellus Development Corp. v. United StatesUnited States Court of Federal Claims · 1994
  3. Morris Kinsey D/B/A Kinsey Farms, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1988
  4. Alaska v. United StatesUnited States Court of Federal Claims · 1995
  5. Michael G. Hurick v. The Honorable John Lehman, Secretary of the U.S. NavyCourt of Appeals for the Federal Circuit · 1986

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

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