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UNITED STATES v. GARDNER

No. 75-1327.

528 F.2d 715 (1976)

UNITED STATES of America, Plaintiff-Appellant, v. Malcolm P. GARDNER and Herbert L. Stern, Jr., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 9, 1976.

Attorney(s) appearing for the Case

Ralph B. Guy, Jr., U.S. Atty., Detroit, Mich., Irving Jaffe, Robert S. Greenspan, Ronald R. Glancz, Civ. Div., Appellate Sect., Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Jack B. Schmetterer, Mark Lieberman, Chicago, Ill., Charles T. McGorisk, John P. Jacobs, Plunkett, Cooney, Rutt, Watters, Stanszyk & Pedersen, Detroit, Mich., Seth H. Barsky, Southfield, Mich., for defendants-appellees.

Before PHILLIPS, Chief Judge, McCREE, Circuit Judge, and McALLISTER, Senior Circuit Judge.

PHILLIPS, Chief Judge.

The sole issue on this appeal is whether the United States, on the facts here presented, is barred from suing on its debt priority under 31 U.S.C. §§ 191 and 1921 and by the statute of limitations set forth in 28 U.S.C. § 2415.2 The District Court determined, inter alia, that the right of action accrued on the date of the company's default, and that the Government...

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