IML Freight, Inc. v. United States

639 F.2d 676, 225 Ct. Cl. 393, 1980 U.S. Ct. Cl. LEXIS 375
CourtUnited States Court of Claims
DecidedNovember 19, 1980
DocketNo. 568-79C
StatusPublished
Cited by7 cases

This text of 639 F.2d 676 (IML Freight, Inc. 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
IML Freight, Inc. v. United States, 639 F.2d 676, 225 Ct. Cl. 393, 1980 U.S. Ct. Cl. LEXIS 375 (cc 1980).

Opinion

SMITH, Judge,

delivered the opinion of the court:

Plaintiff, IML Freight, Inc. ("IML”), has moved for judgment on the pleadings, challenging the legality of defendant’s administrative offset against plaintiffs claims for payments under contracts for transportation services performed by IML for the Government.1 Having reviewed the pleadings and submissions of the parties, but without hearing oral argument, we deny plaintiffs motion and remand the case to the trial division.

Plaintiff, a motor carrier, sets forth in its petition two unrelated claims for compensation for freight transportation services which it provided to defendant. In its answer, defendant admits (i) that plaintiff submitted to it, by voucher, charges for the services, (ii) that the charges are proper, and (iii) that it has not paid the charges. With respect to each of plaintiffs claims for relief, defendant raises as an affirmative defense its having administratively set off, against the freight transportation charges constituting the claim, an equal amount of prior existing freight loss damage allegedly incurred by defendant as a consequence of the transportation by plaintiff or plaintiffs predecessor in interest of freight shipped by defendant. The setoff which defendant raises as an affirmative defense to plaintiffs first claim for relief was asserted, both administratively and in this action, less than 6 years after [395]*395defendant sustained the alleged freight loss damage which is the subject of the setoff.2 The setoff which defendant raises as an affirmative defense to plaintiffs second claim for relief was asserted, both administratively and in this action, more than 6, but less than 7, years after defendant sustained the alleged freight loss damage which is the subject of the setoff.3 In its petition, plaintiff disputes both freight loss damage claims underlying the setoffs.

At the outset, plaintiff argues that the administrative setoffs underlying defendant’s affirmative defenses do not constitute "payment” of the freight transportation charges.4 Defendant does not controvert this argument. Rather, defendant characterizes its affirmative defenses as being defenses of setoff, not defenses of payment of the freight charges. In other words, defendant postulates that, because it has set off against the freight charges an equal amount of plaintiffs alleged liability to it for the aforementioned freight loss damage, it is not required, absent an adjudication of the freight loss damage claims which it has set off, to pay the freight charges to plaintiff. Defendant’s characterization of its affirmative defenses is accurate.

Plaintiff argues next: "In light of the statute, 31 U.S.C.A. § 244(a), refusal by the Government to pay promptly its transportation charges on any ground, other than deduction of previous overcharges, is unlawful.” More particularly, plaintiff argues that section 244(a) prohibits defendant from administratively setting off a disputed freight loss damage claim against freight transportation charges. De[396]*396fendant counters by asserting that this argument is in conflict with our holding in Burlington Northern.5 Defendant is correct.

In Burlington Northern, the plaintiff, a common carrier by railroad, sought to recover transportation charges which defendant had owed to its predecessor in interest. Defendant had administratively set off against the charges an equal portion of a prior existing damage claim. The damage claim was for compensation for the unauthorized use by the predecessor in interest of a flatcar shipped by defendant via the predecessor. Having moved for summary judgment, the plaintiff argued that the administrative setoff of the damage claim was unlawful because the setoff was not authorized by 49 U.S.C. § 66, now recodified to 31 U.S.C. § 244(a). In other words, the plaintiff argued that, pursuant to section 66, defendant was entitled to make only one kind of deduction from transportation charges, namely, deductions for overcharges.

Rejecting the plaintiffs argument, the court held that 49 U.S.C. § 66 did not extinguish the "Government’s common law right of offset in the situation.”6 According to the court, defendant’s assertion of its administrative setoff of the damage claim as a defense to the plaintiffs action was "an inherently sound procedure which contributes to efficient resolution of opposing claims.”7 In reaching this holding, the court relied on Munsey Trust Co.,8 wherein the Supreme Court stated: "The government has the same right 'which belongs to every creditor, to apply the unappropriated moneys of his debtor, in his hands, in extinguishment of the debts due to him. [Citation omitted.]’ ”9

We reaffirm our holding in Burlington Northern that 49 U.S.C. § 66, now recodified to 31 U.S.C. § 244(a), does not restrict defendant’s power of administrative setoff against transportation charges to claims for previous overcharges. As a corollary of our determination in that case that defendant is entitled to set off, against transportation charges, a claim for compensation for the unauthorized use [397]*397of a Government-owned flatcar, we hold that section 244(a) does not prohibit defendant from administratively setting off a prior existing freight loss damage claim against freight transportation charges. Furthermore, we hold that the section does not prohibit defendant from asserting such an administrative setoff as an affirmative defense in an action by a carrier to recover freight transportation charges.10 In short, 31 U.S.C. § 244(a) does not require us to strike the affirmative defenses of setoff which defendant raises here.

Plaintiffs final argument concerns the setoff which defendant raises as an affirmative defense to plaintiffs second claim for relief, i.e., the setoff which defendant asserted for the first time more than 6, but less than 7, years after defendant had sustained the alleged freight loss damage which is the subject of the setoff. Plaintiff argues that 28 U.S.C. § 2415(a) (1976) prohibits defendant’s attempt to assert the setoff as an affirmative defense. Plaintiffs argument is without merit.

Section 2415(a) imposes, in the absence of "applicable administrative proceedings,” a 6-year period of limitations on defendant’s right to bring an action which is founded on contract and which is for money damages. Section 2415(a) does not deal with defendant’s right to set off, in an action brought against it, its contract-based claims for money damages. The applicable provision governing the latter right is section 2415(f) of the same title. Section 2415(f) provides in pertinent part:

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Bluebook (online)
639 F.2d 676, 225 Ct. Cl. 393, 1980 U.S. Ct. Cl. LEXIS 375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iml-freight-inc-v-united-states-cc-1980.