Legal Opinion
United States v. Domino Sugar Corp.
District Court, S.D. New York
Decided September 14, 1999No. 97 Civ. 9113 RMBPublishedCited by 1 opinion
1Opinion of the Court
DECISION AND ORDER
BERMAN, District Judge.
Plaintiff, the United States of America (“Government”), filed this action on or about December 10, 1997 to recover a $1,526,100.60 interest payment it erroneously made to defendant, Domino Sugar Corporation (“Domino”), 1 on or about September 24, 1993. Domino seeks to dismiss the complaint, pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ.P”) 12(b)(6), asserting that the Government’s claim for recovery was made too late and is, therefore, barred by the (two year) statute of limitations set forth in 26 U.S.C. § 6532(b).
For the reasons set forth…
2Cases cited17 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Beate Bernheim v. Jeffrey LittCourt of Appeals for the Second Circuit · 1996
- United States v. WurtsSupreme Court of the United States · 1938
- Rosenman v. United StatesSupreme Court of the United States · 1945
- O'Gilvie v. United StatesSupreme Court of the United States · 1996
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3Cited by1 opinion
- United States v. Domino Sugar Corporation, Tate & Lyle North American Sugars Inc.Court of Appeals for the Second Circuit · 2003