Odell v. United States

The Government has made a motion to dismiss the plaintiff’s petition, asserting that the petition shows on its face that the claim asserted in it is barred by the statute of limitations, 28 U.S.C. 2501. On November 8, 1955, the court rendered an opinion granting defendant’s motion and dismissing plaintiff’s petition. The case is now before us on plaintiff’s motion for rehearing.

The plaintiff sues for retired pay to which he says he is entitled because of a disability incurred by him in military service. He entered on active duty in 1941 as a lieutenant colonel. On February 8, 1946, he…