Union Pacific Railroad v. United States

Court of Claims

Union Pacific Railroad v. United States

86 F. Supp. 907, 114 Ct. Cl. 714, 1949 U.S. Ct. Cl. LEXIS 100

CourtUnited States Court of Claims

DecidedNovember 7, 1949

DocketNo. 48407

StatusPublished

Cited by6 cases

This text of 86 F. Supp. 907 (Union Pacific Railroad 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

Union Pacific Railroad v. United States, 86 F. Supp. 907, 114 Ct. Cl. 714, 1949 U.S. Ct. Cl. LEXIS 100 (cc 1949).

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Opinion

Opinion per curiam:

It has been stipulated by the parties that the plaintiff is entitled to recover the full amount claimed of $1,803.79 if. the court holds that its petition was filed within the statutory limit. Defendant contends that limit is two years; plaintiff says it is six years.

In Seaboard Air Line Railroad Co., v. United States, 113 C. Cls. 437, 83 F. Supp. 1012; cert. denied 338 U. S. 848, we held that the general statute of six years was applicable to suits by carriers for mail pay. That case and this case are identical, so far as this question is concerned. Upon the authority of that decision we hold that no part of plaintiff’s claim is barred, and that it is entitled to recover the full amount sued for, $1,803.79. Judgment for this amount will be entered.

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Opinion per curiam:

It has been stipulated by the parties that the plaintiff is entitled to recover the full amount claimed of $1,803.79 if. the court holds that its petition was filed within the statutory limit. Defendant contends that limit is two years; plaintiff says it is six years.

In Seaboard Air Line Railroad Co., v. United States, 113 C. Cls. 437, 83 F. Supp. 1012; cert. denied 338 U. S. 848, we held that the general statute of six years was applicable to suits by carriers for mail pay. That case and this case are identical, so far as this question is concerned. Upon the authority of that decision we hold that no part of plaintiff’s claim is barred, and that it is entitled to recover the full amount sued for, $1,803.79. Judgment for this amount will be entered.

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Bluebook (online)

86 F. Supp. 907, 114 Ct. Cl. 714, 1949 U.S. Ct. Cl. LEXIS 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/union-pacific-railroad-v-united-states-cc-1949.

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