U.S. v. MORIARTY

No. 92-4157.

8 F.3d 329 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Richard J. MORIARTY; and Gruber, Moriarty, Fricke & Jaros, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 12, 1993.


Attorney(s) appearing for the Case

Arthur I. Harris, Asst. U.S. Atty., Cleveland, OH, Margaret S. Hewing (argued and briefed), and Mark B. Stern, U.S. Dept. of Justice, Civ. Div., Washington, DC, for plaintiff-appellant.

George W. Stuhldreher and Robert Eddy (argued and briefed), Gallagher, Sharp, Fulton & Norman, Cleveland, OH, for defendants-appellees.

Before: MILBURN and NELSON, Circuit Judges; and GILMORE, Senior District Judge.


MILBURN, Circuit Judge.

In this case of first impression, plaintiff, the United States of America, appeals the judgment of the district court declaring its action against representatives of an entity indebted to the United States barred by a six year statute of limitations. On appeal, the issue is whether the United States brought a timely action against the debtor's representatives under the federal priority statute, 31 U...

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