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ATCHISON, T. & S. F. RY. CO. v. BLANCHETTE

No. 79-2322.

628 F.2d 1011 (1980)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Appellant, v. ROBERT W. BLANCHETTE, Richard C. Bond and John H. McArthur, in their capacity as Trustees of the Property of Penn Central Transportation Company, Debtor, Consolidated Rail Corporation, a corporation, and Norfolk & Western Railway Company, a corporation, Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 18, 1980.

Attorney(s) appearing for the Case

David P. Batow and Ellen Lubarsky, The Atchison, Topeka and Sante Fe Railway Company, Chicago, Ill., for appellant.

Bruce C. Spitzer, Richard M. Kates, Chicago, Ill., for appellees.

Before FAIRCHILD, Chief Judge, BAUER, Circuit Judge, and GRANT, Senior District Judge.

FAIRCHILD, Chief Judge.

The single issue of statutory construction presented by this appeal is what limitations period applies to a suit brought under section 15(11) of the Interstate Commerce Act.1 We conclude that the two-year period of section 16(3)(b) applies and thus affirm the judgment of the district court dismissing the complaint as untimely.

Santa Fe's complaint was filed on November 4, 1977. It alleged that on or about...

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