Legal Opinion
Mitchell v. United States
United States Court of Claims
Decided September 30, 1992No. 91-1435CPublishedCited by 9 opinions
1Opinion of the Court
*1330 Order
WEINSTEIN, Judge.
This case comes before the court on defendant’s motion to dismiss. Finding that the statute of limitations bars plaintiff’s claim, defendant’s motion to dismiss is granted.
Facts
Plaintiff filed this action pursuant to 28 U.S.C. § 1491 (1988), as interpreted by the Supreme Court in United States v. Wickersham, 201 U.S. 390, 26 S.Ct. 469, 50 L.Ed. 798 (1906), to recover active duty back pay, allowances, and benefits; retired pay and benefits; and active duty credit towards retirement.
Plaintiff entered the Air Force on August 15,1954, and was released from active duty with…
2Cases cited52 opinions
- United States v. SherwoodSupreme Court of the United States · 1941
- United States v. KubrickSupreme Court of the United States · 1979
- McKart v. United StatesSupreme Court of the United States · 1969
- Myers v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1938
- Chappell v. WallaceSupreme Court of the United States · 1983
47 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cottrell v. United StatesUnited States Court of Federal Claims · 1998
- Rose v. United StatesUnited States Court of Federal Claims · 1996
- Sanders v. United StatesUnited States Court of Federal Claims · 1995
- Gilbert Ortiz, Jr. Nollie Plowman v. Secretary of Defense Secretary of the ArmyCourt of Appeals for the D.C. Circuit · 1994
- Weaver v. United StatesUnited States Court of Federal Claims · 2000
4 more not listed; retrieve them via the Exa API.