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221 Ct. Cl. 950

Jones

United States Court of Claims

Decided November 2, 1979

United States Court of Claims · decided 1979-11-02

Applies 28 U.S.C. § 2501

Relies on Graham v. Hodges · Technograph Printed Circuits, Ltd. v. United States · The Japanese War Notes Association of the Philippines, Inc. (Japwancap, Inc.) v. The United States

Decided 1979-11-02

¶1This case comes before us on defendant’s motion to dismiss. Plaintiff has filed no response.

¶2Plaintiff seeks back pay and certain benefits which he alleges were denied him due to the loss or destruction of his military records in 1967. Defendant moves to dismiss plaintiffs claim as barred by the relevant six (6) year statute of limitations. 28 U.S.C. § 2501 (1976).

¶3Our statute of limitations begins to run when all events fixing liability of the United States have occurred. Japanese War Notes Claimants Association v. United States, 178 Ct. Cl. 630, 632, 373 F. 2d 356, 358, cert. denied, 389 U.S. 971 (1967). Plaintiffs petition seeks relief for claims arising in 1967. He did not file suit, however, until February 1, 1978.1

¶4The relevant statute of limitations, 28 U.S.C. § 2501 provides:

Every claim on which the Court of Claims has jurisdiction shall be barred unless the petition thereon is filed within six years after such claim first accrues.

¶5Since plaintiffs Claim accrued more than ten years prior to suit, it is barred by the statute of limitations. Consequently, plaintiffs claim must be dismissed for lack of jurisdiction. Brownfield v. United States, 218 Ct. Cl. 477, 589 F. 2d 1035 (1978); Bruno v. United States, 214 Ct. Cl. 383, 388, 556 F. 2d 1104, 1107 (1977).

¶6Accordingly, upon consideration of the parties’ submissions, but without oral argument, defendant’s motion to dismiss is granted and the petition is dismissed.

¶7 Plaintiff originally filed suit in district court. Since his claim was for more than $10,000.00, the case was transferred to this court.

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