Cheever

Court of Claims

Cheever

189 Ct. Cl. 567, 1969 U.S. Ct. Cl. LEXIS 95, 1969 WL 2969

CourtUnited States Court of Claims

DecidedOctober 3, 1969

DocketNo. 115-69

StatusPublished

This text of 189 Ct. Cl. 567 (Cheever) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cheever, 189 Ct. Cl. 567, 1969 U.S. Ct. Cl. LEXIS 95, 1969 WL 2969 (cc 1969).

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Opinion

MilAtatry fay; disability compensation; statute of limitations. — Plaintiff, whose deceased husband, an enlisted man, was retired from the Navy, not by reason of physical disability, on July 25, 1947, is apparently claiming disability compensation from the Veterans Administration for ¡her husband’s alleged service-connected disability. Defendant has moved the court for dismissal of the petition for lack of particularity as required by Bule 17 (1964 ed.) and for failure to state a claim upon 'which relief can be granted pursuant •to Buie 20(b) (1964 ed.). Upon consideration of defendant’s motion, together with the opposition thereto, without oral argument, the court concluded that plaintiff’s alleged claims are barred by the statute of limitations, 28 U.S.C. § 2501. On October 8, 1969, the court ordered defendant’s motion granted, and dismissed plaintiff’s petition.

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MilAtatry fay; disability compensation; statute of limitations. — Plaintiff, whose deceased husband, an enlisted man, was retired from the Navy, not by reason of physical disability, on July 25, 1947, is apparently claiming disability compensation from the Veterans Administration for ¡her husband’s alleged service-connected disability. Defendant has moved the court for dismissal of the petition for lack of particularity as required by Bule 17 (1964 ed.) and for failure to state a claim upon 'which relief can be granted pursuant •to Buie 20(b) (1964 ed.). Upon consideration of defendant’s motion, together with the opposition thereto, without oral argument, the court concluded that plaintiff’s alleged claims are barred by the statute of limitations, 28 U.S.C. § 2501. On October 8, 1969, the court ordered defendant’s motion granted, and dismissed plaintiff’s petition.

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Bluebook (online)

189 Ct. Cl. 567, 1969 U.S. Ct. Cl. LEXIS 95, 1969 WL 2969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cheever-cc-1969.

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