Central California Traction Co. v. United States

The sole issue in this transportation case is whether a permissive counterclaim filed by the Government is barred by the statute of limitations. Resolution of the dispute requires an interpretation of the provisions of 49 U.S.C. § 16(3). These provisions were made a part of the Interstate Commerce Act by Pub. L. 85-762 enacted August 26, 1958 (72 Stat. 859).

Defendant contends that section 16(3)(c) is applicable and therefore that its counterclaim was timely filed. Plaintiff *467argues that the provisions of section 16(3)(i) govern and consequently that the counterclaim is barred by defendant’s…