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UNITED STATES v. STANDARD ACCIDENT INSURANCE COMPANY

No. 5654.

280 F.2d 445 (1960)

UNITED STATES of America, Plaintiff, Appellant, v. STANDARD ACCIDENT INSURANCE COMPANY, Defendant, Appellee.

United States Court of Appeals First Circuit.

July 21, 1960.

Attorney(s) appearing for the Case

David L. Rose, Attorney, Department of Justice, Washington, D. C., with whom George Cochran Doub, Asst. Atty. Gen., Elliot L. Richardson, U. S. Atty., Boston, Mass., and Samuel D. Slade, Attorney, Department of Justice, Washington, D. C., were on brief, for appellant.

Joseph P. Rooney, Boston, Mass., for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

This case raises a very narrow issue. The sole question is whether the defendant's plea of the statute of limitations was well taken. In the district court the facts were stipulated, and both parties moved for summary judgment. The court granted the defendant's motion and the plaintiff appealed.

The defendant was a surety upon the bond of one Lt. Shaw, a disbursing officer of the United States Naval Reserve. In October 1948 a shortage...

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