Legal Opinion
Chicago, Rock Island & Pacific Railroad v. United States
District Court, S.D. Iowa
Decided July 18, 1962No. Civ. No. 5-1252PublishedCited by 5 opinions
1Opinion of the Court
VAN PELT, District Judge.
This action was brought under the Federal Tort Claims Act. The judgment entered for plaintiff included an award of interest. The matter is now before the court upon an amended motion to retax costs and thereby to eliminate the recovery of any interest.
The court concludes that the motion is well taken and that this Judge was in error in the order entered.
It is now elementary that an award of interest cannot be made against the United States unless there is express statutory authority therefor. Judge John W. Delehant stated in 1944 in United States v. 17,280 Acres of…
2Cases cited7 opinions
- United States v. Waddill, Holland & Flinn, Inc.Supreme Court of the United States · 1945
- Tillson v. United StatesSupreme Court of the United States · 1879
- Albrecht v. United StatesSupreme Court of the United States · 1947
- Smyth v. United StatesSupreme Court of the United States · 1937
- United States v. Mississippi Valley Barge Line Company, Mississippi Valley Barge Line Company v. United States Fo AmericaCourt of Appeals for the Eighth Circuit · 1960
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- United States v. State of Maryland for the Use of Mary Jane Meyer, United States of America v. State of Maryland for the Use of Vance Lewman BradyCourt of Appeals for the D.C. Circuit · 1965
- Reminga v. United StatesCourt of Appeals for the Sixth Circuit · 1982
- United States v. James S. Varner, James S. Varner and Mrs. Virginia M. Varner v. United StatesCourt of Appeals for the Fifth Circuit · 1968
- Reminga v. United StatesCourt of Appeals for the Sixth Circuit · 1983
- United States v. State of Maryland for the Use of Mary Jane Meyer, United States of America v. State of Maryland for the Use of Vance Lewman BradyCourt of Appeals for the D.C. Circuit · 1965