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INTER-COASTAL XPRESS, INC. v. U.S.

No. 02-5001.

296 F.3d 1357 (2002)

INTER-COASTAL XPRESS, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided July 19, 2002.

Attorney(s) appearing for the Case

Leo S. Fisher, Bean, Kinney & Korman, P.C., of Arlington, VA, argued for plaintiff-appellant.

Matthew P. Reed, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. On the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director; Robert E. Kirschman, Assistant Director; and Bryant S. Banes, Attorney. Of counsel was Elizabeth G. Candler.

Before MICHEL, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.

Opinion for the court filed by Circuit Judge MICHEL. Dissenting opinion filed by Senior Circuit Judge FRIEDMAN.

MICHEL, Circuit Judge.

Plaintiff Inter-Coastal Xpress, Inc. appeals from a judgment by the United States Court of Federal Claims holding that, as applied to Inter-Coastal's 2410 "holdover" claims against the United States Government, the Interstate Commerce Act's three-year filing period barred 2171 of those claims as untimely. Inter-Coastal Xpress...

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