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ERIE LACKAWANNA RAILWAY COMPANY v. UNITED STATES

No. 356-69.

439 F.2d 194 (1971)

ERIE LACKAWANNA RAILWAY COMPANY v. The UNITED STATES.

United States Court of Claims.

As Amended June 28, 1971.

Attorney(s) appearing for the Case

Martin Sterenbuch, Washington, D.C., attorney of record, for plaintiff.

John Charles Ranney, Washington, D. C., with whom was Asst. Atty. Gen., L. Patrick Gray, III, for defendant.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON, and NICHOLS, Judges.

ON DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT

COWEN, Chief Judge.

This transportation case comes before the court on defendant's motion for summary judgment. The question to be decided is whether part of plaintiff's claims are barred by the statute of limitations provisions contained in 49 U.S.C. § 16(3) (1964). Resolution of the dispute requires an interpretation of 49 U. S.C. § 16(3) (i), which was made a part of the section by amendment...

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