Appeal from the United States District Court
for the Southern District of Ohio at Cincinnati.
No. 1:08-cv-00346—Sandra S. Beckwith, District Judge.
Decided and Filed: October 5, 2016
Before: GILMAN, GIBBONS, and STRANCH, Circuit Judges.
RONALD LEE GILMAN, Circuit Judge. American Premier Underwriters, Inc. (APU)
holds shares of stock in National Railroad Passenger Corporation (Amtrak) pursuant to the Rail
Passenger Service Act of 1970 (RSPA), Pub. L. No. 91-518, 84 Stat. 1327. Under § 415(b) of
the Amtrak Reform and Accountability Act of 1997 (ARAA), 49 U.S.C. § 24304 note, Amtrak
was required to redeem all of its stock held by APU at fair market value by October 1, 2002.
On May 19, 2008, APU filed a complaint against Amtrak, asserting seven claims based
on Amtrak’s failure to redeem the stock. (American Financial Group, APU’s parent company
and the beneficial owner of the stock at issue, is also a party to this lawsuit. We will refer to
both entities collectively as APU.) The United States District Court for the Southern District of
Ohio, in 2011, granted Amtrak’s motion to dismiss in its entirety. In 2013, this court upheld the
dismissal of six of the claims and remanded for the district court to decide whether the statute of
limitations barred the remaining claim. On remand, the district court concluded that the
remaining claim was indeed barred and granted Amtrak’s motion to dismiss.
The parties agree that the applicable statute of limitations is three years. On this second
appeal, the sole issue is the proper accrual date for APU’s remaining claim. For the reasons set
forth below, we AFFIRM the judgment of the district court.