NORTH COUNTRIES HYDRO-ELECTRIC CO. v. UNITED STATES

No. 268-53.

118 F.Supp. 375 (1954)

NORTH COUNTRIES HYDROELECTRIC CO. v. UNITED STATES.

United States Court of Claims.

February 2, 1954.


Attorney(s) appearing for the Case

John W. Day, Chicago, Ill., for plaintiff. J. Barry O'Keefe, Chicago, Ill., was on the brief.

Ralph A. Boyd, Dept. of Justice, Washington, D. C., with whom was Perry W. Morton, Asst. Atty. Gen., for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER and MADDEN, Judges.


WHITAKER, Judge.

This case is before us on plaintiff's motion to strike defendant's second and third defenses to its petition. The second defense is that of res adjudicata, and the third is the statute of limitations.

Plaintiff sues for a partial taking of its hydro-electric power plant on the Fox River, a tributary of the Illinois River, by the erection by defendant of a dam on the latter river. In its second defense defendant says that plaintiff had...

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