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UNITED STATES v. ADVANCE MACH. CO.

Civ. No. 3-82-152.

547 F.Supp. 1085 (1982)

UNITED STATES of America, Plaintiff, v. ADVANCE MACHINE COMPANY, a corporation, formerly also doing business as Commercial Mechanisms, Inc., Defendant.

United States District Court, D. Minnesota, Third Division.

August 6, 1982.

Attorney(s) appearing for the Case

James M. Rosenbaum, U. S. Atty., Francis X. Hermann, Asst. U. S. Atty., Minneapolis, Minn., J. Patrick Glynn, Chief, Consumer Affairs Section, Rosalind Avnet Lazarus, Atty., Consumer Affairs Section, Antitrust Division, U. S. Dept. of Justice, Washington, D. C., for plaintiff; Martin Howard Katz, Gen. Counsel, Alan H. Schoem, Asst. Gen. Counsel, Leonard H. Goldstein, Atty., Consumer Product Safety Commission, Washington, D. C., of counsel.

Edward J. Schwartzbauer and James B. Lynch, Washington, D. C., for defendant.

MEMORANDUM AND ORDER

RENNER, District Judge.

Before the Court is defendant's motion to dismiss or, in the alternative, for summary judgment. The motion was submitted on briefs.

In support of its motion, defendant advances four grounds: (1) The action is barred by the five-year statute of limitations, 28 U.S.C. § 2462; (2) the action is further barred by res judicata and the rule against splitting a cause of action; (3) defendant has never been...

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