United States v. Gates Service Corp.

GALSTON, District Judge.

This is a motion by plaintiff, brought pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. to dismiss the defendant corporation’s counterclaim on the ground that the counterclaim is barred by the statute of limitations.

According to the affidavit of Myron Friedman, Assistant United States Attorney, in support of the motion, the action arises out of an automobile collision, occurring on December 24, 1949, between a Government vehicle and a taxi owned by defendant corporation and operated by defendant Pascucci. Plaintiff filed, on March 16,1956,…