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BOY v. UNITED STATES

No. C-59-D-58.

179 F.Supp. 67 (1959)

Carl A. BOY, Jr. and James Boy, Doing Business as Carolina Aircraft Company, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court M. D. North Carolina, Durham Division.

December 10, 1959.

Attorney(s) appearing for the Case

Robinson O. Everett, Durham, N. C., for plaintiffs.

James E. Holshouser, U. S. Atty., Middle Dist. of North Carolina, North Wilkesboro, N. C., for defendant.

STANLEY, District Judge.

This matter is before the court on the motion of the defendant for summary judgment, pursuant to the provisions of Rule 56, Federal Rules of Civil Procedure, 28 U.S.C.A.

The material facts are not in dispute.

On October 2, 1957, the plaintiff, James Boy, in his capacity as a partner in Carolina Aircraft Company, attended an auction sale of United States Air Force surplus property at Robins Air Force Base, Georgia. Before the...

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