JOHN R. SAND & GRAVEL CO. v. U.S.

No. 06-1164.

128 S.Ct. 750 (2008)

552 U.S. 130

169 L.Ed.2d 591

JOHN R. SAND & GRAVEL COMPANY, Petitioner, v. UNITED STATES.

Supreme Court of United States.

Decided January 8, 2008.


Attorney(s) appearing for the Case

Jeffrey K. Haynes , Bloomfield Hills, MI, for Petitioner.

Malcolm L. Stewart , Washington, D.C., for Respondent.

Gregory C. Sisk , Minneapolis MN , Jeffrey K. Haynes , Keith C. Jablonski , Beier Howlett, P.C., Bloomfield Hills, MI, for Petitioner.

Paul D. Clement , Ronald J. Tenpas , Acting Assistant Attorney General, Edwin S. Kneedler , Deputy Solicitor General, Malcolm L. Stewart , Assistant to the Solicitor General, Aaron P. Avila , Attorney Department of Justice Washington, D.C., for Respondent.


Justice BREYER delivered the opinion of the Court.

The question presented is whether a court must raise on its own the timeliness of a lawsuit filed in the Court of Federal Claims, despite the Government's waiver of the issue. We hold that the special statute of limitations governing the Court of Federal Claims requires that sua sponte consideration.

I

Petitioner John R. Sand & Gravel Company filed an action in the Court of

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