Anderson v. Andrews

BARD, District Judge.

Defendants seek dismissal of the complaint under Federal Rules of Civil Procedure, rule 12(b), 28 U.S.C.A. following section 723c, because the complaint was not filed within the time prescribed by the applicable statute of limitations.- The suit was brought by the Receiver of The National Bank of Kentucky to recover an assessment made by the Comptroller of the Currency under the provisions of Section 12 of the National Bank Act1 and Section 23 of the Federal Reserve Act.2

The facts, insofar as they are pertinent hereto, are as follows:

The National Bank of Kentucky,…