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U.S. v. PEERLESS INS. CO.

Court No. 87-10-01045.

703 F.Supp. 955 (1988)

UNITED STATES, Plaintiff, v. The PEERLESS INSURANCE COMPANY, Defendant.

United States Court of International Trade.

December 29, 1988.

Attorney(s) appearing for the Case

John R. Bolton, Asst. Atty. Gen., Washington, D.C., Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office, Commercial Litigation Branch, U.S. Dept. of Justice, and Barbara M. Epstein, New York City, for plaintiff.

Doherty and Melahn, William E. Melahn, Boston, Mass., for defendant.

MEMORANDUM OPINION AND ORDER

DiCARLO, Judge:

The Peerless Insurance Company (Peerless) of New Hampshire moves under Rule 12(b)(5) of the Rules of this Court to dismiss an action for failure to state a claim upon which relief can be granted because the action brought on behalf of the United States Customs Service (Customs) to recover liquidated damages for alleged violations of an entry bond is beyond the six-year statute of limitations under 28 U.S.C. &...

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