Vemo Co. v. United States

OPINION

YOCK, Judge.

This contract case comes before the Court on the defendant’s motion to dismiss the plaintiff’s complaint on the grounds that its claim is time-barred by the statute of limitations prescribed by 41 U.S.C. § 609(a) (1982). The defendant’s motion will be treated as a motion for summary judgment, since various evidentiary materials have been submitted for the consideration of the Court in acting on the motion. See RUSCC 12(b).

For the reasons discussed herein, the motion is denied. There is no dispute on the material facts.

Facts

On September 30, 1982, The Vemo Company (“Vemo”)…