Court of Claims, 1949

Union Pacific Railroad v. United States

Court of Claims · Decided November 7, 1949

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

Counsel

Mr. Lawrence Oake for the plaintiff., Mr. L. R. Mehlinger, with whom was Mr. Assistant Attorney General H. G. M orison, for the defendant.

Cases that cite this one

5 later published cases cite this decision.

Reichhold Chemicals, Inc. v. United States (Court of Claims 1986)
United States v. Western Pacific Railroad (Supreme Court of the United States 1956)
Eastern Freight Ways, Inc. v. United States (2d Cir. 1958)
Eastern Freight Ways, Inc. v. United States (District Court, S.D. New York 1957)
Atlantic Coast Line Railroad (Court of Claims 1949)

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

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.