Legality of Cannabis by U.S. Jurisdiction

How this document has been cited

It should be noted that Congress, in amending Section 16 (3) in 1958, made it expressly applicable to the United States, and limited the Government's right of action for the recovery of overcharges, either by action or setoff, to three years.

- in Central California Traction Co. v. United States, 1979 and 3 similar citations

Defendant's contention that the action is barred by laches is without basis since laches is not imputable to the Government, in its character as a sovereign, by those subject to its dominion.

- in United States v. Garcia & Diaz, Inc., 1961 and one similar citation

Further, even a federal statute of limitations was held inapplicable to the federal government where there was no clear indication from Congress that it intended otherwise.

- in CASE COMMENTS and one similar citation

Nevertheless, it "has always been the rule that statutes of limitation do not apply to the United States in the absence of a clear and manifest congressional intent that they shall apply."

- in FEDERAL TRADE COMMISSION EX REL. SUTHERS v. Dalbey, 2012 and one similar citation

"We cannot accept the view that, although the Government could recover by way of setoff, without limitation, overcharges from carriers to which it was or became indebted, it could not after two years recover, by action, overcharges from carriers to which it was not indebted. It seems unreasonable to ascribe to Congress an intent to make the time within which such claims …

- in United States v. Yale Transport Corp., 1960 and one similar citation

It is well settled that when the United States acts through the instrumentality or agency of a wholly-owned corporation it may sue in its own name to protect its interests, without the joinder of the corporation.

- in United States v. Anasae International Corporation, 1961 and one similar citation

—reversed a district court ruling to the contrary.[5] There, as here, the Government brought an action to recover overcharges in freight rates collected by the defendant-carrier.

- in United States v. Yale Transport Corp., 1960

Two of the circuit courts held that subsection (c) was not applicable to the Government prior to the 1958 amendments.

- in Central California Traction Co. v. United States, 1979

Given this important Commission function, we do not believe that Congress would impose a 180-day limitation on Commission actions without clearly so stating in unambiguous language.

- in Equal Emp. Op. Com'n v. EI duPont de Nemours & Co., 1975

The public accommodations and public facilities sections of the 1964 Civil Rights Act, 42 USCA §§ 2000a et seq., and 2000b et seq., contain no time limit for suit.

- in Equal Employment Op. Com'n v. Kimberly-Clark Corp., 1975