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UNITED STATES v. PAUL HARDEMAN, INC.

Civ. No. 66-105-Orl.

260 F.Supp. 723 (1966)

UNITED STATES of America For the Use and Benefit of Bernard BARUCH, Trustee in Bankruptcy of Indiana Steel Tank Corporation, a Bankrupt, Plaintiff, v. PAUL HARDEMAN, INC., and Morrison-Knudsen Company, Inc., et al., Defendants.

United States District Court M. D. Florida, Orlando Division.

September 15, 1966.

Attorney(s) appearing for the Case

Bishop, Bornstein, Turnbull & Petree, Orlando, Fla., for plaintiff.

Parker & Battaglia, St. Petersburg, Fla., for defendants.

MEMORANDUM OPINION AND ORDER

GEORGE C. YOUNG, District Judge.

This cause came on for hearing on the defendants' motion to dismiss the complaint on the grounds that it is precluded by the two year statute of limitations of Section 11(e) of the Bankruptcy Act, 11 U.S.C. § 29(e),1 and/or the one year statute of limitations of the Miller Act, 40 U.S.C. § 270b(b).2

This action was instituted...

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