Koller v. United States
359 U.S. 309
SCOTUS
1959
Check Treatment

KOLLER ET AL. v. UNITED STATES.

No. 362

Supreme Court of the United States

April 20, 1959

359 U.S. 309

Argued March 26, 30, 1959.

Robert H. Malis argued the cause and filed a brief for petitioners.

Lionel Kestenbaum argued the cause for the United States. On the brief were Solicitor General Rankin, Assistant Attorney General Doub and Samuel D. Slade.

PER CURIAM.

The judgment is 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

. 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.
;
. See
.