Wilson

This is a motion for summary judgment made by defendant Wilson in this action. The action is a suit by the United States Government, consisting of two claims, one under the Surplus Property Act of 1944, now 40 U.S.C.A. § 489 , the other under the common law of fraud. The complaint was filed on December 31, 1954.

*883 With respect to the common law claim for conspiracy to defraud and obtaining property by fraud, the defendant Wilson, moving party here, asserts only that it fails to state a claim for which relief can be granted, and for the rest seems to rely on the statute of limitations which is applicable to the government’s claim under the statute. It is clear, however, that the government’s common law remedies to recover payments induced by fraud are not limited by the statutes of limitation which apply to a statutory remedy to recover for the same fraud. United States v. Borin, 5 Cir., 1954, 209 F.2d 145 . So far as the common law claim is concerned, therefore, it must be tested by the sufficiency of the allegations in the complaint and nothing more. The complaint alleges that defendants, by means of a conspiracy, and a number of specific fraudulent statements set forth in…