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EASTERN FREIGHT WAYS v. UNITED STATES

155 F.Supp. 22 (1957)

EASTERN FREIGHT WAYS, Inc., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

September 20, 1957.

Attorney(s) appearing for the Case

Goldman & Drazen, New York City, for plaintiff, Daniel M. Shientag, New York City, of counsel.

Paul W. Williams, U. S. Atty., New York City, for the United States, Edwin J. Wesely, Asst. U. S. Atty., New York City, of counsel.

FREDERICK VAN PELT BRYAN, District Judge.

Defendant United States moved for summary judgment, pursuant to Rule 56, F.R.Civ.P., 28 U.S.C., on the ground that the action is barred by the six year statute of limitations contained in the Tucker Act, 28 U.S.C. § 2401(a). Subsequent to the argument of the motion the Government raised an additional ground for summary judgment, asserting that in view of dicta in footnotes...

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