Court of Claims, 1948

Atlantic Corp. v. United States

Court of Claims · Decided December 6, 1948 · Howell, Jones, Littleton, Madden, Whitaker

112 Ct. Cl. 297; 81 F. Supp. 235; 1948 U.S. Ct. Cl. LEXIS 98

Counsel

Mr. Milton Kramer for the plaintiff. Messrs. Schoene, Freehill <& Kramer were on the brief., Mr. William A. Stem //, with whom was Mr. Assistant Attorney Generad H. G. Morison, for the defendant.

Cases that cite this one

2 later published cases cite this decision.

Waxman v. United States (Court of Claims 1953)
Waxman v. United States (Court of Claims 1953)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Howell, Judge,

delivered the opinion of the court:

On July 28, 1948, plaintiff filed its petition in this court under Section 6 of the Lucas Act (ch. 864, 60 Stat. 903) as *298amended by Section 3T of the Act of June 25, 1948 (Public Law 773, 80th. Cong. 2d Sess.) [62 Stat. 869]. On August 2, 1948, plaintiff filed a similar petition in the District Court of the United States for the District of Columbia. On September 8,1948, pursuant to motion and without objection, the District Court entered an order transferring the action in that court, and all papers filed in that action, to this court. On August 26, 1948, the defendant filed a motion to dismiss the action filed in this court on July 28, 1948, on the ground that prior to September 1, 1948, this court did not have jurisdiction of the cause of action, and inferentially that before September 1, 1948, the statute of limitations would have run on the cause of action.

Since we have previously decided that a motion by the defendant to dismiss the petition of plaintiff’s assignor, Samuel Waxman d/b/a Acme Iron Works, on an identical cause of action should be overruled, the question raised in this case has been answered. The motion to dismiss the petition is hereby overruled.

It is so ordered.

Madden, Judge; Whitaker, Judge; Littleton, Judge; and Jones, Chief Judge, concur.

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