United States v. Arthur G. McKee & Co.

CONNELL, District Judge.

There is here before the Court a motion filed by the defendant, Arthur G. McKee & Company, to dismiss the complaint because the plaintiff fails to state a claim upon which relief can be granted: defendant claims this suit is barred by the Statute of Limitations pertaining to such actions. This motion is filed under Rule 12(b), Federal Rules of Civil Procedure, 28 U.S.C.A.

The complaint, filed on behalf of the Government, states that the United States Treasury Department paid to the defendant, on or about January 9, 1946, the sum of $235,085.75 in redemption of bonds…