ALGER v. UNITED STATES

No. 16964.

252 F.2d 519 (1958)

T. Potter ALGER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

February 28, 1958.


Attorney(s) appearing for the Case

Walter C. Wolff, Jr., San Antonio, Tex., for appellant.

Samuel D. Slade, Bernard Cedarbaum, Attys., Dept. of Justice, Washington, D. C., George Cochran Doub, Asst. Atty. Gen., Russell B. Wine, U. S. Atty., San Antonio, Tex., for appellee.

Before RIVES, TUTTLE and CAMERON, Circuit Judges.


TUTTLE, Circuit Judge.

This is an appeal from a judgment by the trial court based on a motion for summary judgment in favor of the United States in an action to recover meat subsidy payments made to the appellant during the years 1943-1945.

Appellant presents two contentions attacking the judgment of the trial court: (1) the action was barred by the Texas two years or four years statute of limitations, Vernon's Ann.Civ.St. arts. 5526, 5529; (2) there was a...

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