Burke v. United States

OPINION ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

SETO, Judge.

In this civilian pay case, defendant has moved for summary judgment. The issues involved are whether an administrative appeal tolls the statute of limitations, and what effect a district court opinion has on the tolling of the statute of limitations.

For the reasons set forth below, it is determined that defendant’s motion for summary judgment should be granted and that plaintiffs’ claims should be dismissed.

FACTS

Leverett Burke and James Mole are officers of the United States Bureau of Customs. They resigned from the Bureau of…