Homcy v. United States

In this military pay case plaintiff, a former U.S. Army lieutenant, seeks to recover accrued pay, allowances, and other benefits allegedly denied him from the time of his improper separation from the service in 1944. Because plaintiff’s claim is barred by the six-year statute of limitations and has not been revived by recent events, we hold for defendant.

*334The circumstances of the instant case are extraordinary, if for no other reason than the lapse of time between the underlying events and the initiation of the present suit. On August 27,1944, plaintiff refused an order from his battalion…