YANKWICH, District Judge.
The plaintiffs by their complaint seek to rescind a purchase of 73 Government surplus automobile differentials and to recover the price paid to the Government, $9,283.41, upon the ground that, although offered as "unused", they were, in fact, used.
The Government, on August 7, 1961, moved for summary judgment in its favor and against the plaintiffs in accordance with Rule 56(b) and (c), Federal Rules of Civil Procedure, 28 U.S.C.A...
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