Legal Opinion

Swiff-Train Co. v. United States

District Court, W.D. Texas

Decided June 24, 1970No. Civ. A. No. SA69-CA286Published

1Opinion of the Court

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 and Guest House obligated Midwest to install wall-to-wall carpeting in a portion of the premises operated by Guest House. It further provided,…

2Cases cited11 opinions

  1. Standard Oil Co. of Cal. v. JohnsonSupreme Court of the United States · 1942
  2. James W. Harlow, Charles E. Wilson and Thomas F. Addy v. United StatesCourt of Appeals for the Fifth Circuit · 1962
  3. Borden v. United StatesUnited States Court of Claims · 1953
  4. United States v. Richard A. Holcombe, Jr.Court of Appeals for the Fourth Circuit · 1960
  5. Edelstein v. South Post Officers ClubDistrict Court, E.D. Virginia · 1951

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