Porras v. United States

Court of Claims

Porras v. United States

113 F. Supp. 664, 125 Ct. Cl. 545

CourtUnited States Court of Claims

DecidedJuly 13, 1953

DocketNo. 38-53

StatusPublished

This text of 113 F. Supp. 664 (Porras 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

Porras v. United States, 113 F. Supp. 664, 125 Ct. Cl. 545 (cc 1953).

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Opinion

HOWELL, Judge.

Plaintiff, a citizen and resident of the Philippines, sues to recover the value of supplies and money commandeered by a recognized guerrilla unit in 1942 and 1945.

Plaintiff’s petition was filed in this court •on February 3, 1953, and defendant has filed a motion to dismiss on the ground that the claim is barred by the statute of limitations, 28 U.S.C.A. § 2501, because the petition was not filed within six years of September 2, 1945, 59 Stat. 1733. Marcos v. United States, 102 F.Supp. 547, 106 F.Supp. 172, 122 Ct.Cl. 641.

In view of the Marcos decision and our •decision rendered this day in the case of Sese v. United States, 113 F.Supp. 658, plaintiff’s petition is not timely and is .therefore dismissed.

It is so ordered.

JONES, Chief Judge, and MADDEN, WHITAKER and-LITTLETON, Judges, •concur.

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