Mistretta v. United States

Plaintiff, a former second lieutenant in the Army, brings this suit to recover pay and allowances in the amount of $926.38 for the period November 6,1944, to February 13,1945. The case comes before the court on defendant’s motion for summary judgment asking dismissal of plaintiff’s amended petition on the grounds that plaintiff’s claim is barred by our six-year statute of limitation. 28 U. S. C. 1946 Ed. (Supp. IY), §2501; 62 Stat. 976.1 The petition was filed February 29,1952.

On November 6,1944, plaintiff was convicted by a general court martial and sentenced to imprisonment, dismissal from…