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UNITED STATES v. WALKER INC.

Civ. A. No. 1322.

282 F.Supp. 380 (1968)

UNITED STATES of America, for the Use and Benefit of SMITH CONSTRUCTION COMPANY OF FLORIDA, a corporation, Plaintiff, v. E. L. WALKER, INC., a corporation, and Auto Owners Insurance Company, a corporation, Defendants, and United States of America and the First Bank & Trust Company of Pensacola, Intervenors.

United States District Court N. D. Florida, Pensacola Division.

April 3, 1968.

Attorney(s) appearing for the Case

Richard H. Merritt, Pensacola, Fla., for plaintiff.

Robert P. Gaines, Pensacola, Fla., for First Bank & Trust Co. of Pensacola, Intervenor.

Clinton Ashmore, U. S. Atty., Pensacola, Fla., for United States, Intervenor.

Joseph M. Crowell, Pensacola, Fla., for E. L. Walker, Inc.

Forsyth Caro, Pensacola, Fla., for Auto Owners Ins. Co.

MEMORANDUM-DECISION

CARSWELL, Chief Judge.

After many false starts, reversals, and reassessments of the respective positions of the parties here, this suit has at long last been brought into focus and presents now one clear issue: May the United States, as intervenor, through tax collection statutes breathe life into a case between the original parties which is itself barred by the applicable statute of limitations?

The Court concludes that it may...

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