United States v. Weaver

HOLMES, Circuit Judge.

This is an action by the United States to recover from the defendants the total sum of $10,000, or $2,000 for each of five separate fraudulent acts allegedly committed by the defendants in obtaining surplus property of the United States. In an opinion reported in 107 F.Supp. 963, the district court upheld the contention that the claim of the United States was barred by the five-years statute of limitations. 28 U.S.C. § 2462. The court ruled further that the claim was not within the war-time suspension of limitations provided by section 28 of the Surplus Property Act, 58…