North Counties Hydro-Electric Co. v. United States

WHITAKER, Judge.

This is an action by plaintiff for the taking of its hydro-electric power plant on the Fox River in Illinois. It is before us on defendant’s pleas of res adjudicates and the statute of limitations and its answer, and the trial commissioner’s findings of fact, opinion, and recommendation for conclusion of law.

On October 19, 1953, plaintiff filed a motion to strike defendant’s defenses of res adjudicata and the statute of limitations. We overruled this motion because the defenses sought to be stricken were neither trivial nor plainly without merit. We did not pass on the merit…