Ramsey

"This military pay case comes before the court on defendant’s motion to dismiss and plaintiffs motion for summary judgment. Plaintiff seeks to have this court rescind the resignation which he submitted 'for the good of the service and in lieu of court-martial’ on February 17, 1942. In place of that resignation, plaintiff prays for judgment restoring him to the retired list and entitling *1043him to retired pay from February 17, 1942. Defendant moves to dismiss the petition on the ground that it was filed in February 1976 and is barred by the six-year statute of limitations applicable here. 28…