Landrum v. United States

Court of Claims

Landrum v. United States

228 Ct. Cl. 863, 1981 U.S. Ct. Cl. LEXIS 468, 1981 WL 21511

CourtUnited States Court of Claims

DecidedSeptember 18, 1981

DocketNo. 276-81C

StatusPublished

This text of 228 Ct. Cl. 863 (Landrum v. United States) 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

Landrum v. United States, 228 Ct. Cl. 863, 1981 U.S. Ct. Cl. LEXIS 468, 1981 WL 21511 (cc 1981).

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Opinion

Per Curiam:

In this military pay case, the plaintiff, acting pro se, seeks to recover family allowances he says are owed him, as a former member of the armed forces, by the United States under the Servicemen’s Dependents Allowance Act of 1942. The Government moves to dismiss the petition, among other reasons, because it is time-barred.

Plaintiff claims that the $100 per month allowance he says his family received from September 25, 1942 to October 20,1944 was less than it should have been. Plaintiff filed his petition here on April 27, 1981, more than thirty-six years after the last alleged underpayment was received. Under the statute of limitations governing this court, 28 U.S.C. § 2501 (1976), we are unable to consider a claim such as this one that accrued much more than six years ago. See, e.g. Kirby v. United States, 201 Ct. Cl. 527, 531-33 (1973), cert. denied, 417 U.S. 919 (1974).

It is therefore ORDERED, without oral argument, that, because this suit is long barred by the statute of limitations,¹ the defendant’s motion to dismiss is granted and plaintiffs petition is dismissed.

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Per Curiam:

In this military pay case, the plaintiff, acting pro se, seeks to recover family allowances he says are owed him, as a former member of the armed forces, by the United States under the Servicemen’s Dependents Allowance Act of 1942. The Government moves to dismiss the petition, among other reasons, because it is time-barred.

Plaintiff claims that the $100 per month allowance he says his family received from September 25, 1942 to October 20,1944 was less than it should have been. Plaintiff filed his petition here on April 27, 1981, more than thirty-six years after the last alleged underpayment was received. Under the statute of limitations governing this court, 28 U.S.C. § 2501 (1976), we are unable to consider a claim such as this one that accrued much more than six years ago. See, e.g. Kirby v. United States, 201 Ct. Cl. 527, 531-33 (1973), cert. denied, 417 U.S. 919 (1974).

It is therefore ORDERED, without oral argument, that, because this suit is long barred by the statute of limitations,¹ the defendant’s motion to dismiss is granted and plaintiffs petition is dismissed.

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Bluebook (online)

228 Ct. Cl. 863, 1981 U.S. Ct. Cl. LEXIS 468, 1981 WL 21511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landrum-v-united-states-cc-1981.

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