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John R. Sand & Gravel Co. v. US
No. 06-1164 Title:

John R. Sand & Gravel Company v. United States

Subject:

The Tucker Act, Statutes of Limitations, Claim Accrual, Subject Matter Jurisdiction

Question:

The statute of limitations in the Tucker Act, 28 U.S.C. section 2501, provides: "Every claim of which the United States Court of Federal Claims has jurisdiction shall be barred unless the petition thereon is filed within six years after such claim first accrues." The questions presented are:
1. Whether the statute of limitations in the Tucker Act limits the subject matter jurisdiction of the Court of Federal Claims.

2. Whether a claim for a permanent physical taking of a portion of real property first accrues upon the government's temporary exclusion of the property holder from another portion of the property.

Decisions:

• U.S. Court of Appeals - Federal Circuit Opinion Filed: August 9, 2006
• United States Supreme Court, Cert. Granted: May 29, 2007

Resources:

• Docket Sheet From the U.S. Supreme Court.
• Northwestern University - Medill School of Journalism: On the Docket

Briefs:

    Parties

Coming Soon

Counsel of Record

For Petitioner:

Jeffrey K. Haynes
Beier Howlett, P.C.
Bloomfield Hills, MI

For Respondent:

Paul D. Clement
Solicitor General
United States Department of Justice
Washington, DC

 

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