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UNITED STATES v. FRANKLIN NATIONAL BANK

No. 72 C 859.

376 F.Supp. 378 (1973)

UNITED STATES of America, Plaintiff, v. FRANKLIN NATIONAL BANK, Defendant.

United States District Court, E. D. New York.

October 19, 1973.

Attorney(s) appearing for the Case

Henry Brachtl, Asst. U. S. Atty., E. D. N. Y., Brooklyn, N. Y., for plaintiff.

Kaye, Scholer, Fierman, Hays & Handler, New York City, for defendant.

MEMORANDUM OF DECISION AND ORDER

MISHLER, Chief Judge.

Defendant-third party plaintiff, Franklin National Bank (Franklin), moves for summary judgment on the grounds that the plaintiff's claim is "founded upon a tort" and is therefore barred by the three year statute of limitations contained in 28 U.S.C. § 2415(b).1

Prior to June 27, 1966, Technical Capital Corporation...

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