Legal Opinion · Concurring in part, dissenting in part

Braude v. United States

United States Court of Claims

Decided October 18, 1978No. 451-77Published

1Concurring in part, dissenting in partNichols, Judge

The plaintiffs claim is set out in a somewhat unconventional manner in her petition, but essentially she states *279two causes of action or counts, one (I) for illegal firing from government employment in 1953, paragraphs 5-15, and two (II) for illegal blacklisting in that and subsequent years, paragraphs 16-19. I am inclined to agree with the panel, on the cross-motions for summary judgment, that plaintiff cannot maintain count II, for the reason that by her own presentation she believed she was blacklisted, more than six years before action brought. 28 U.S.C. § 2501. Should it be held that…

2Cases cited16 opinions

  1. Service v. DullesSupreme Court of the United States · 1957
  2. Glus v. Brooklyn Eastern District TerminalSupreme Court of the United States · 1959
  3. The Japanese War Notes Association of the Philippines, Inc. (Japwancap, Inc.) v. The United StatesUnited States Court of Claims · 1967
  4. Housing Corp. of America v. United StatesUnited States Court of Claims · 1972
  5. Walter Clifton McNeill v. Earl L. Butz, Secretary of Agriculture, Delores S. Canady v. Earl L. Butz, Secretary of AgricultureCourt of Appeals for the Fourth Circuit · 1973

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