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SWIFF-TRAIN COMPANY v. UNITED STATES

Civ. A. No. SA69-CA286.

314 F.Supp. 665 (1970)

SWIFF-TRAIN COMPANY v. UNITED STATES of America.

United States District Court, W. D. Texas, San Antonio Division.

June 24, 1970.

Attorney(s) appearing for the Case

Jack A. Efron, Levey & Goldstein, San Antonio, Tex., for plaintiff.

Seagal V. Wheatley, U. S. Atty., San Antonio, Tex., for defendant.

MEMORANDUM OPINION

SPEARS, Chief Judge.

In this case the Government has filed motions to dismiss and for summary judgment, contending that since it did not consent to this suit it has no liability for the obligations of the Fort Sam Houston Guest House Fund, a nonappropriated fund activity of the United States. For the reasons hereinafter set forth the motions are overruled.

On September 18, 1968, a written contract between Midwest Carpet Distributors...

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