United States v. Hanover Insurance Co.

Memorandum Opinion

DiCarlo, Chief Judge:

Plaintiff, the United States, brings this action under 28 U.S.C. § 1582(2) (1988) to collect unpaid supplemental duties and interest from defendant, The Hanover Insurance Company, as surety of two entry bonds. Defendant moves to dismiss arguing this action is barred by the six-year statute of limitation under 28 U.S.C. § 2415(a) (1988). At issue is when plaintiffs right of action accrued triggering the statute of limitation. The court holds that plaintiffs right of action accrued when the bonds were breached by the principal. Since this action was filed…