Garry Lee Mccolpin, Plaintiff-appellant, v. the United States, Defendant-appellee, 867 F.2d 615 (Fed. Cir. 1989)

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US Court of Appeals for the Federal Circuit - 867 F.2d 615 (Fed. Cir. 1989)

Jan. 10, 1989

Before RICH, EDWARD S. SMITH and PAULINE NEWMAN, Circuit Judges.



This appeal from the August 19, 1988, Order of the United States Claims Court dismissing McColpin's complaint on the ground of res judicata, predicated on McColpin's prior suit in the Claims Court based on the same claim which was dismissed for lack of jurisdiction by reason of passage of the six-year statute of limitations of 28 USC 2501, is affirmed.


After full consideration of everything appellant has said in his pro se brief, reply brief, and in a subsequently filed request to be allowed, pro se, to present oral argument, we find that he has pointed to no legal error in the dismissal of his present suit on the ground of res judicata or argued any point relevant thereto. The evidence he has said he would produce if allowed to go to trial could have no effect on the legal principles upon which the dismissal of this action rests. The Claims Court has had no discretion to exercise in complying with either the statute of limitations or the rule of res judicata in denying a trial to appellant.