United States Federal Circuit

In a claim for back pay and allowances based on alleged wrongful termination from the Alaska Air National Guard, the statute of limitations begins to run from the date of discharge, and the Soldiers- and Sailors- Civil Relief Act of 1940 will not toll the statute for a period of National Guard training.

Appellate Information

• Decided 06/07/2002
• Published 06/10/2002

Judges

• PROST, Circuit Judge., Before NEWMAN, RADER, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Guy J. Ferrante,King & Everhard, P.C., of Springfield, VA, argued for plaintiff-appellant.


• For Appellees:
  
• Brent McBurney, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General;  David M. Cohen, Director;  and Harold D. Lester, Jr., Assistant Director.   Of counsel on the brief was Maj. Jennifer L. McDermott, United StatesAir Force, General Litigation, of Arlington, VA.