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PERSON v. UNITED STATES

No. 11508.

112 F.2d 1 (1940)

PERSON v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied June 11, 1940.

Attorney(s) appearing for the Case

L. K. Person, of Garland, Ark., pro se.

Clinton R. Barry, U. S. Atty., of Fort Smith, Ark. (Duke Frederick, Asst. U. S. Atty., and John E. Harris, Asst. U. S. Atty., both of Fort Smith, Ark., on the brief), for appellee.

Before STONE, GARDNER, and SANBORN, Circuit Judges.

STONE, Circuit Judge.

From a summary judgment for a balance due on a promissory note this appeal is brought.

Appellant presents here two matters: (1) the action is barred by limitations or laches; (2) summary judgment was improper because (a) there were controverted fact issues and (b) a supporting affidavit was insufficient.

I. Limitations.

The issue controlling as to limitations or laches (treated together by us) is whether the United States...

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