Lerner v. United States

Plaintiff seeks to recover disability retirement pay from December 22,1943, the date of his initial release from active duty; or, alternatively, under the continuing claim-theory, for the 6 years prior to the filing of his petition on July 31, 1963. Defendant has moved to dismiss the petition on the ground that plaintiff’s claim is barred by the statute of limitations, 28 U.S.C. § 2501, and plaintiff has moved for summary judgment.

The court concludes, for reasons to be explained, that defendant’s motion must be denied; a statement of the facts pertinent to plaintiff’s motion follows:

Plaintiff,…