United States v. Murphy-Cook & Co.

E.D. Pennsylvania

United States v. Murphy-Cook & Co.

123 F. Supp. 806, 1954 U.S. Dist. LEXIS 3088

CourtDistrict Court, E.D. Pennsylvania

DecidedJuly 19, 1954

DocketNo. 16585

StatusPublished

Cited by4 cases

This text of 123 F. Supp. 806 (United States v. Murphy-Cook & Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Murphy-Cook & Co., 123 F. Supp. 806, 1954 U.S. Dist. LEXIS 3088 (E.D. Pa. 1954).

Pincite

Opinion

KIRKPATRICK, Chief Judge.

I am of the opinion that the effect of the War Time Suspension of Limitations Act,¹ as amended by the Contract Settlement Act of 1944, 58 Stat. 667, 41 U.S. C.A. § 101 et seq., was to suspend the running of the limitation, contained in the False Claims Act, 31 U.S.C.A. § 231 et seq., until three years after the termination of hostilities as proclaimed by the President, and that, therefore, the action, as set forth in the “second cause of action”, was timely brought. It is, therefore, unnecessary to discuss the Government’s claim that the six year limitation contained in the False Claims Act does not apply to actions brought by the United States but only to qui tam suits brought by an informer.

The motion to dismiss the second cause of action is, therefore, denied.

Free access — add to your briefcase to read the full text and ask questions with AI

KIRKPATRICK, Chief Judge.

I am of the opinion that the effect of the War Time Suspension of Limitations Act,¹ as amended by the Contract Settlement Act of 1944, 58 Stat. 667, 41 U.S. C.A. § 101 et seq., was to suspend the running of the limitation, contained in the False Claims Act, 31 U.S.C.A. § 231 et seq., until three years after the termination of hostilities as proclaimed by the President, and that, therefore, the action, as set forth in the “second cause of action”, was timely brought. It is, therefore, unnecessary to discuss the Government’s claim that the six year limitation contained in the False Claims Act does not apply to actions brought by the United States but only to qui tam suits brought by an informer.

The motion to dismiss the second cause of action is, therefore, denied.

Cite This Page — Counsel Stack

Bluebook (online)

123 F. Supp. 806, 1954 U.S. Dist. LEXIS 3088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-murphy-cook-co-paed-1954.

Opinion

Related

Cite This Page — Counsel Stack