District Court, N.D. Ohio March 22, 1956, Civ. A. No. 32109 (United States v. Arthur G. McKee & Co.)

CONNELL, District Judge.

There is here before the Court a motion filed by the defendant, Arthur G. McKee & Company, to dismiss the complaint because the plaintiff fails to state a claim upon which relief can be granted: defendant claims this suit is barred by the Statute of Limitations pertaining to such actions. This motion is filed under Rule 12(b), Federal Rules of Civil Procedure, 28 U.S.C.A.