UNITED STATES v. STILLWATER COMMUNITY BANK

No. CIV 86-0278-R.

645 F.Supp. 18 (1986)

UNITED STATES of America, Plaintiff, v. STILLWATER COMMUNITY BANK, Kenneth R. Andrew and James N. Hubbard, Defendants.

United States District Court, W.D. Oklahoma.

June 5, 1986.


Attorney(s) appearing for the Case

William S. Price, U.S. Atty., and Steven K. Mullins, Asst. U.S. Atty., Oklahoma City, Okl., Michael F. Hertz, Stephen D. Altman and Theresa Barnes-Pirko Attys., Civ. Div., Dept. of Justice, Washington, D.C., for plaintiff.

James N. Hubbard, pro se.

Thomas P. Nally, S.M. Fallis, Jr. and George P. Nelson, Nichols, Wolfe, Stamper, Nally & Fallis, Inc. Tulsa, Okl., Clyde A. Muchmore and Candace M. Williams, Crowe & Dunlevy, Oklahoma City, Okl., for defendants.


ORDER

DAVID L. RUSSELL, District Judge.

Defendant Kenneth R. Andrew has filed a Motion to Dismiss asserting that the statute of limitations, 31 U.S.C. § 3731, bars the Plaintiff's action. Both Defendant Andrew and the Government have submitted documents in support of their positions, therefore, the Court will treat the motion as one for summary judgment. Rule 12(b), Fed.R.Civ.P.

The Complaint alleges that Defendant Andrew made false statements...

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