UNITED STATES v. DELUXE CLEANERS AND LAUNDRY, INC.

No. 74-1322.

511 F.2d 926 (1975)

UNITED STATES of America, Appellant, v. DELUXE CLEANERS AND LAUNDRY, INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 4, 1975.


Attorney(s) appearing for the Case

Karen K. Siegel, Atty., U. S. Dept. of Justice (Carla A. Hills, Asst. Atty. Gen., New York City, John K. Grisso, U. S. Atty., and Robert E. Kopp, Atty., U. S. Dept. of Justice, on brief), for appellant.

James E. Hunter, West Columbia, S. C., for appellee.

Before BUTZNER and FIELD, Circuit Judges, and THOMSEN, District Judge.


FIELD, Circuit Judge:

The question presented on this appeal is whether an action instituted by the United States pursuant to the Service Contract Act of 1965, 41 U.S.C. § 351 et seq., (hereinafter Service Act) is barred by the two year statute of limitations of the Portal-to-Portal Act of 1947.

The defendant has conducted a laundry and dry cleaning business in the State of South Carolina for many years and in 1964 and 1965 it entered into concessionaire...

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