U.S. Supreme Court
Koller v. United States, 359 U.S. 309 (1959)
Koller v. United States
Argued March 26, 30, 1959
Decided April 20, 1959
359 U.S. 309
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
A suit for damage under § 26(b)(1) of the Surplus Property Act is not a suit to enforce a civil fine, penalty or forfeiture and, therefore, is not subject to the five-year limitation of 28 U.S.C. § 2462. Rex Trailer Co. v. United States, 350 U. S. 148.
255 F.2d 865 affirmed.
MR. JUSTICE STEWART, with whom MR. JUSTICE DOUGLAS and MR. JUSTICE WHITTAKER join, dissenting.
I do not agree that disposition of this case is controlled by the decision in Rex Trailer Co. v. United States, 350 U. S. 148. Believing that § 26(b)(1) of the Surplus Property Act of 1944, 40 U.S.C. § 489(b)(1), imposes a civil penalty, and that an action thereunder is therefore subject to the five-year limitation provided in 28 U.S.C. § 2462, I would reverse. Cf. United States ex rel. Marcus v. Hess, 317 U. S. 537; Erie Basin Metal Products, Inc. v. United States, 150 F.Supp. 561 (Ct.Cl.). See Priebe & Sons v. United States, 332 U. S. 407.