Opinion
No. 48407.
November 7, 1949.
Lawrence Cake, Washington, D.C., for plaintiff.
L.R. Mehlinger, Washington, D.C., and H.G. Morison, Asst. Atty. Gen., for defendants.
Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and HOWELL, Judges.
This case having been heard by the Court of Claims, the court, upon a stipulation of facts entered into by the parties, makes the following special findings of fact:
1. Plaintiff is a corporation organized and existing under the laws of the State of Utah and is, and was at the time of the performance of the transportation services involved in this case, a common carrier by railroad of persons and property in interstate commerce, in some instances jointly with other railroads, between the points hereinafter mentioned.
2. During the years 1943, 1944, 1945, and 1946 plaintiff, together with other common carriers whose lines connect with plaintiff's lines, performed transportation and incidental services for the defendant by transporting various shipments of freight on government bills of lading issued by the Department of Agriculture from various points in the United States to destination points on plaintiff's lines of railroad.
3. For the said services plaintiff, as the delivering carrier and in accordance with the regulations of the Comptroller General for the settlement of transportation accounts, submitted its bills to the Department of Agriculture. With the exception of bills A-119937-A and TA-120638-A for $6.88 and $13.20, respectively, which have been paid, the bill O-1065390-A for $20.30 which is withdrawn by plaintiff, the plaintiff's said bills have not been paid. The total amount of the transportation charges due and unpaid on the said bills is $1,803.79, of which amount $1,685.99 is on account of shipments delivered more than two years but within six years prior to the filing of the petition herein and $117.80 is on account of shipments delivered within two years prior to filing the petition.
It has been stipulated by the parties that the plaintiff is entitled to recover the full amount claimed of $1,803.79 if the court holds that its petition was filed within the statutory limit. Defendant contends that limit is two years; plaintiff says it is six years.
In Seaboard Air Line Railroad Company, v. United States, 83 F. Supp. 1012, 113 Ct. Cl. 437, certiorari denied, United States v. Seaboard Airline R. Co., 70 S.Ct. 88, 1949, we held that the general statute of six years was applicable to suits by carriers for mail pay. That case and this case are identical, so far as this question is concerned. Upon the authority of that decision we hold that no part of plaintiff's claim is barred, and that it is entitled to recover the full amount sued for, $1,803,79. Judgment for this amount will be entered.