Eastern Freight Ways, Inc. v. United States

FREDERICK VAN PELT BRYAN, District Judge.

Defendant United States moved for-summary judgment, pursuant to Rule 56, F.R.Civ.P., 28 U.S.C., on the ground; that the action is barred by the six year-statute of limitations contained in the-Tucker Act, 28 U.S.C. § 2401(a). Subsequent to the argument of the motion-the Government raised an additional *23ground for summary judgment, asserting that in view of dieta in footnotes in United States v. Western Pacific R. Co., 352 U.S. 59, 77 S.Ct. 161, 1 L.Ed.2d 126, and United States v. Chesapeake & Ohio Railway Co., 352 U.S. 77, 77 S.Ct. 172, 1 L.Ed.2d 140,…