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CENTRAL CALIFORNIA TRACTION CO. v. UNITED STATES

No. 252-76.

595 F.2d 599 (1979)

CENTRAL CALIFORNIA TRACTION COMPANY v. The UNITED STATES.

United States Court of Claims.

March 21, 1979.

Attorney(s) appearing for the Case

Martin Sterenbuch, Washington, D.C., for plaintiff; Gajarsa, Liss & Sterenbuch, Washington, D.C., of counsel.

Emory John Bailey, Wheaton, Md., with whom was Asst. Atty. Gen. Barbara Allen Babcock, Washington, D.C., for defendant; John Charles Ranney, Washington, D.C., of counsel.

Before FRIEDMAN, Chief Judge, COWEN, Senior Judge, and SMITH, Judge.

OPINION

COWEN, Senior Judge:

The sole issue in this transportation case is whether a permissive counterclaim filed by the Government is barred by the statute of limitations. Resolution of the dispute requires an interpretation of the provisions of 49 U.S.C. § 16(3). These provisions were made a part of the Interstate Commerce Act by Pub.L. 85-762 enacted August 26, 1958 (72 Stat. 859).

Defendant contends that section 16(3)(c) is applicable and...

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