Legal Opinion

United States v. Franklin National Bank

District Court, E.D. New York

Decided October 19, 1973No. 72 C 859PublishedCited by 21 opinions

1Opinion of the Court

MEMORANDUM OF DECISION AND ORDER

MISHLER, Chief Judge.

Defendant-third party plaintiff, Franklin National Bank (Franklin), moves for summary judgment on the grounds that the plaintiff’s claim is “founded upon a tort” and is therefore barred by the three year statute of limi tations contained in 28 U.S.C. § 2415(b). 1

Prior to June 27, 1966, Technical Capital Corporation (TCC), borrowed the sum of $300,000.00 from the Small Business Administration pursuant to 15 U. S.C. § 661 et seq. and issued a debenture in that amount. The United States then acquired title to the debenture. On June 27, 1966,…

2Cases cited12 opinions

  1. Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
  2. United States v. SummerlinSupreme Court of the United States · 1940
  3. Hearn 45 St. Corp. v. JanoNew York Court of Appeals · 1940
  4. United States v. Andrew GeraCourt of Appeals for the Third Circuit · 1969
  5. In Re the Accounting of KellyNew York Court of Appeals · 1941

7 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Branch v. Federal Deposit InsuranceDistrict Court, D. Massachusetts · 1993
  2. United States v. Samuel Neidorf and Maria Glickman, of the Estate of Mannes n.glickmanCourt of Appeals for the Ninth Circuit · 1975
  3. Tronox Inc. v. Anadarko Petroleum Corp. (In Re Tronox Inc.)United States Bankruptcy Court, S.D. New York · 2010
  4. United States v. Lee A. Limbs, Jr.Court of Appeals for the Ninth Circuit · 1975
  5. Kaliner v. Load Rite Trailers, Inc. (In Re Sverica Acquisition Corp.)United States Bankruptcy Court, E.D. Pennsylvania · 1995

16 more not listed; retrieve them via the Exa API.

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