United States v. O. G. Innes Corp.

WEINFELD, District Judge.

The defendant moves under Rule 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S.C.A. to dismiss the complaint as barred by the five-year statute of limitations applicable to suits for civil penalties, as well as for laches and delay to its prejudice; alternatively, it moves for summary judgment pursuant to Rule 56. Plaintiff cross moves for summary judgment in its favor.

The action is brought to recover liquidated damages for nondelivery and late delivery of crude rubber which the defendant agreed to deliver to the General Services Administration, an agency of…