Rose Finsky, 1 v. Union Carbide & Carbon Corp., a New York Corporation, Owners and Operators of a Division Thereof Known as Haynes Stellite Co.

SCHNACKENBERG, Circuit Judge.

Plaintiffs appeal from a summary judgment in favor of defendant, entered on defendant’s motion, which judgment also denied plaintiffs’ motion for summary judgment.

Plaintiffs filed a complaint in what they state is an action for damages for breach of a contract of sale, involving certain tungsten powder 2 and other materials.

Defendant’s answer to the complaint, as later amended, 3 set up, among affirmative defenses, that title to the tungsten was in the federal government, and any prospective sale of the said tungsten was subject to the applicable United States…