United States v. W. H. Kistler Stationery Co.

KNOUS, District Judge.

This is an action to recover liquidated statutory damages allegedly due the United States under the Walsh-Healey Act, 41 U.S.C.A., §§ 35-45. The Government has moved for summary judgment. In opposition the defendant contends, inter alia, that the action is barred by the two-year period of limitation prescribed by the Portal-to-Portal Act, 29 U.S.C.A. § 255.

The pleadings disclose as undisputed facts that on December 5, 1947, the Secretary of Labor issued a complaint charging that in the performance of two* specified contracts subject to the Walsh-Healey Act, the defendant…