Home/Sixth Circuit/Howard R. Ward v. Northern Ohio Telephone Company

Howard R. Ward v. Northern Ohio Telephone Company

381 F.2d 16, 11 Rad. Reg. 2d (P & F) 2003, 1967 U.S. App. LEXIS 5345
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 11, 1967
Docket17307
StatusPublished
Cited by9 cases

This text of 381 F.2d 16 (Howard R. Ward v. Northern Ohio Telephone Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Howard R. Ward v. Northern Ohio Telephone Company, 381 F.2d 16, 11 Rad. Reg. 2d (P & F) 2003, 1967 U.S. App. LEXIS 5345 (6th Cir. 1967).

Opinion

PER CURIAM.

Plaintiff-Appellant, Howard R. Ward, an operator of a radio station, sued, on December 1, 1960, the Northern Ohio Telephone Company for its alleged wrongful failure to furnish him with necessary telephone, lines. 1 For the purposes of this appeal, no cause of action as alleged in this suit accrued later than October 1, 1959. 47 U.S.C. Section 415 (b) provides as follows:

“All complaints against carriers for the recovery of damages not based on overchargss shall be filed with the *17 Commission within one year from the time the cause of action accrues, and not after, subject to subsection (d) of this section.”

In dismissing the Plaintiff’s suit, the District Court held that the one year statute of limitations provided for in Section 415(b) applied to civil suits filed in a Federal Court as well as to suits filed before the Commission.

After full consideration of the record, briefs, and arguments of counsel, we conclude that the District Court should be affirmed upon the opinion of District Judge Young reported at 251 F.Supp. 606 (1966).

Affirmed.

1

. Ward v. Northern Ohio Telephone Company, 300 F.2d 816 (C.A. 6,1962).

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Bluebook (online)
381 F.2d 16, 11 Rad. Reg. 2d (P & F) 2003, 1967 U.S. App. LEXIS 5345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howard-r-ward-v-northern-ohio-telephone-company-ca6-1967.