UNITED STATES v. W. H. KISTLER STATIONERY CO.

Civ. No. 3187.

104 F.Supp. 16 (1952)

UNITED STATES v. W. H. KISTLER STATIONERY CO.

United States District Court, D. Colorado.

April 15, 1952.


Attorney(s) appearing for the Case

Charles S. Vigil, U. S. Atty., Joseph N. Lilly, Asst. U. S. Atty., Denver, Colo., John A. Weiss, Jr., Francis M. Cook, Kansas City, Mo., and Reid Williams, Denver, Colo., for plaintiff.

Lewis, Grant, Newton, Davis & Henry, Denver, Colo., for defendant.


KNOUS, District Judge.

This is an action to recover liquidated statutory damages allegedly due the United States under the Walsh-Healey Act, 41 U.S.C.A., §§ 35-45. The Government has moved for summary judgment. In opposition the defendant contends, inter alia, that the action is barred by the two-year period of limitation prescribed by the Portal-to-Portal Act, 29 U.S.C.A. § 255.

The pleadings disclose as undisputed facts that on December 5...

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