United States v. Witherspoon

McAllister, circuit judge.

The government brought suit against appellee under the provisions of the Surplus Property Act 1 to recover damages for the fraudulent conduct of appellee in procuring surplus property from the War Assets Administration by the use of “Certificates of Veteran’s Preference” unlawfully acquired from war veterans who were entitled to such certificates. Appellee moved to dismiss the government’s complaint on the ground that the action was barred by the statute of limitations. The District Court sustained appellee’s motion to dismiss on this ground, and, on appeal, the sole…