Mistica v. United States
This text of 230 Ct. Cl. 817 (Mistica 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.
Opinion
The petition of the pro se plaintiff, a citizen and resident of the Philippines, seeks to recover (1) $560,838, which is based upon a claim against the United States by ex-Governor Carl M. Moore, which the latter allegedly assigned to the plaintiff in 1941, and (2) $30,000 representing a certificate of indebtedness of the United States to the government of the Philippine Islands, which [818]*818the plaintiff states was burned in the Philippines during the Japanese War. The claim of ex-Governor Moore rests upon the burning of the money in a hospital in Cleveland, Ohio, in 1929, when he was hospitalized there.
The theory upon which the plaintiff seeks to recover from the United States is unclear. In any event, the petition, filed on January 25, 1982, is barred by the six-year statute of limitations in 28 U.S.C. §2501 (1976). Plaintiffs own allegations establish that his claims are based upon events that took place more than 50 and 35 years ago.
The petition is dismissed.
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Cite This Page — Counsel Stack
230 Ct. Cl. 817, 1982 U.S. Ct. Cl. LEXIS 106, 1982 WL 25191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mistica-v-united-states-cc-1982.