Lorenzo v. United States

Court of Claims

Lorenzo v. United States

122 Ct. Cl. 667, 1952 U.S. Ct. Cl. LEXIS 124, 1952 WL 5906

CourtUnited States Court of Claims

DecidedFebruary 5, 1952

DocketNo. 50357

StatusPublished

This text of 122 Ct. Cl. 667 (Lorenzo 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

Lorenzo v. United States, 122 Ct. Cl. 667, 1952 U.S. Ct. Cl. LEXIS 124, 1952 WL 5906 (cc 1952).

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Opinions

Howell, Judge,

delivered the opinion of the court:

Plaintiff, on October 12,1951, filed suit to recover $86,000, representing the alleged value of food supplies furnished to the Quartermaster Corps of the United States Army during the months of January, February, and March 1942. Defendant has moved, pursuant to Rule 16 (b), to dismiss plaintiff’s petition on the ground that the claim is barred by the Statute of Limitations, 28 U. S. C. (Supp. IY) § 2501, 62 Stat. 976. The arguments presented by both parties are identical with those discussed in Ferdinand E. Marcos v. United States, No. 50278, and Flaviana Tan v. United States, No. 50277, this day decided, and the conclusions stated in those cases are controlling.

Inasmuch as plaintiff’s cause of action accrued during the period of wartime suspension of the Statute of Limitations, plaintiff was entitled to the full period of six years within which to present his claim after the lifting of the suspension on September 2, 1945. However, plaintiff did not file his petition until October 12,1951, which was beyond the limits of the six-year period. Accordingly, the defendant’s motion to dismiss is granted and the petition dismissed.

It is so ordered.

MaddeN, Judge; LittletoN, Judge; and Jokes, Chief Judge, concur.

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Howell, Judge,

delivered the opinion of the court:

Plaintiff, on October 12,1951, filed suit to recover $86,000, representing the alleged value of food supplies furnished to the Quartermaster Corps of the United States Army during the months of January, February, and March 1942. Defendant has moved, pursuant to Rule 16 (b), to dismiss plaintiff’s petition on the ground that the claim is barred by the Statute of Limitations, 28 U. S. C. (Supp. IY) § 2501, 62 Stat. 976. The arguments presented by both parties are identical with those discussed in Ferdinand E. Marcos v. United States, No. 50278, and Flaviana Tan v. United States, No. 50277, this day decided, and the conclusions stated in those cases are controlling.

Inasmuch as plaintiff’s cause of action accrued during the period of wartime suspension of the Statute of Limitations, plaintiff was entitled to the full period of six years within which to present his claim after the lifting of the suspension on September 2, 1945. However, plaintiff did not file his petition until October 12,1951, which was beyond the limits of the six-year period. Accordingly, the defendant’s motion to dismiss is granted and the petition dismissed.

It is so ordered.

MaddeN, Judge; LittletoN, Judge; and Jokes, Chief Judge, concur.

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Bluebook (online)

122 Ct. Cl. 667, 1952 U.S. Ct. Cl. LEXIS 124, 1952 WL 5906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lorenzo-v-united-states-cc-1952.