Kuman v. Board of Regents

West Virginia Court of Claims

Kuman v. Board of Regents

13 Ct. Cl. 384

CourtWest Virginia Court of Claims

DecidedMarch 12, 1981

DocketCC-79-445

StatusPublished

This text of 13 Ct. Cl. 384 (Kuman v. Board of Regents) is published on Counsel Stack Legal Research, covering West Virginia Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Kuman v. Board of Regents, 13 Ct. Cl. 384 (W. Va. Super. Ct. 1981).

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Opinion

RULEY, JUDGE:

On August 27, 1979, the claimant filed a notice of claim seeking recovery of $656.04 which it is alleged was earned by her husband, [385]*385a professor of Sociology at West Liberty State College, during the last month of his employment before his death on October 30,1964. The respondent filed a motion to dismiss for failure to state a claim upon which relief can be granted.

Since the longest period of limitations which could apply to this claim is ten years and since West Virginia Code §14-2-21, provides, in part:

<<:{: # *

The court shall not take jurisdiction of any claim, whether accruing before or after the effective date of this article [July 1, 1967], unless notice of such claim be filed with the clerk within such period of limitation as would be applicable under the pertinent provisions of the Code of West Virginia,* *

it is clear that the Court has no jurisdiction of this claim and it must be dismissed.

Claim dismissed.

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RULEY, JUDGE:

On August 27, 1979, the claimant filed a notice of claim seeking recovery of $656.04 which it is alleged was earned by her husband, [385]*385a professor of Sociology at West Liberty State College, during the last month of his employment before his death on October 30,1964. The respondent filed a motion to dismiss for failure to state a claim upon which relief can be granted.

Since the longest period of limitations which could apply to this claim is ten years and since West Virginia Code §14-2-21, provides, in part:

<<:{: # *

The court shall not take jurisdiction of any claim, whether accruing before or after the effective date of this article [July 1, 1967], unless notice of such claim be filed with the clerk within such period of limitation as would be applicable under the pertinent provisions of the Code of West Virginia,* *

it is clear that the Court has no jurisdiction of this claim and it must be dismissed.

Claim dismissed.

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13 Ct. Cl. 384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kuman-v-board-of-regents-wvctcl-1981.

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