United States v. Framen Steel Supply Co.

OPINION

GAGLIARDI, District Judge.

The United States commenced this action on March 31, 1976, on behalf of the Agency for International Development (“AID”) against defendant Framen Steel Supply Co. (“Framen”) to recover damages for breach of certain AID supplier’s certificates entered into between the parties. Jurisdiction is based upon 28 U.S.C. § 1345. Framen moves to dismiss the complaint pursuant to Rule 12(b)(6), Fed.R.Civ.P. or, in the alternative, for summary judgment pursuant to Rule 56, Fed.R.Civ.P. on the grounds that plaintiff’s cause of action is barred by the applicable statute of…