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UNITED STATES v. CONTINENTAL CASUALTY COMPANY

Civ. No. 995-71.

354 F.Supp. 1353 (1972)

UNITED STATES for Use and Benefit of Jacinto CASABLANCA, Plaintiff, v. CONTINENTAL CASUALTY COMPANY, Defendant.

United States District Court, D. Puerto Rico.

November 27, 1972.

Attorney(s) appearing for the Case

Ramon Lloveras Otero, San Juan, P. R., for plaintiff.

Alex González, San Juan, P. R., for defendant.

ORDER AND JUDGMENT

TOLEDO, District Judge.

We have for our consideration a motion to dismiss filed by defendant Continental Casualty Company and based on three fundamental propositions which are, to wit: That the action is barred by the Statute of Limitations contained in the Miller Act (49 Stat. 793 of August 24, 1935, Title 40, United States Code, Section 270a), and that the doctrines of res judicata and collateral estoppel bar plaintiff from recovering...

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