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U.S. v. AMERICAN STATES INSURANCE COMPANY

No. 00-15411.

252 F.3d 1268 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. AMERICAN STATES INSURANCE COMPANY, an Indiana Corporation, Defendant-Appellant,

United States Court of Appeals, Eleventh Circuit.

DECIDED May 31, 2001.

Attorney(s) appearing for the Case

John V. Burch, Charles Robert Sharp, Bovis, Kyle & Burch, LLC, Atlanta, GA, for Defendant-Appellant.

Michael P. Finney, Sp. U.S. Atty., Pamela A. Moine, Pensacola, FL, for Plaintiff-Appellee.

Edward G. Gallagher, Wickwire Gavin, P.C., Vienna, VA, for Surety Ass'n of America, Amicus Curiae.

Before DUBINA and KRAVITCH, Circuit Judges, and DUPLANTIER, District Judge.

KRAVITCH, Circuit Judge:

Defendant American States Insurance Co. ("American States") appeals the district court's entry of summary judgment in favor of the United States for damages from the breach of a surety agreement. Because we find that the statute of limitations contained in 28 U.S.C. § 2415(a) bars the suit, we reverse and remand with instructions that judgment be entered for American States.

I. BACKGROUND...

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