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UNITED STATES v. REPUBLIC INS. CO.

No. 84-5455.

775 F.2d 156 (1985)

UNITED STATES of America, Plaintiff-Appellant, v. REPUBLIC INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 24, 1985.

Attorney(s) appearing for the Case

W. Hickman Ewing, Jr., U.S. Atty., Robert M. Williams, Jr., Alice Howze (argued), Memphis, Tenn., for plaintiff-appellant.

James D. Causey, J. Harold Ellis (argued), Memphis, Tenn., for defendant-appellee.

Before KENNEDY, JONES and MILBURN, Circuit Judges.

MILBURN, Circuit Judge.

In this appeal, we are asked to decide whether the six (6) year statute of limitations contained in 28 U.S.C. § 2415(a) applicable to the United States can abrogate a contractual one (1) year limitation of actions provision in a private contract of fire insurance under which the United States claims to have subrogation rights. We answer this question in the negative.

Plaintiff, the United States of America for the Veterans Administration...

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