Four Star Aviation, Inc. v. United States

ORIE L. PHILLIPS, Circuit Judge:

Four Star Aviation, Inc., 1 a Florida corporation, brought this action against the United States under the Federal Tort Claims Act 2 to recover the value of a C-46R airplane.

On July 7,1964, A & H Aircraft Parts, Inc., 3 the then owner of the airplane, sold it to Transportes Aereos Nacionales C.A., 4 a Venezuelan airline. A & H had theretofore executed a mortgage to the corporation from which it purchased the airplane to secure a balance of the purchase price, payable in monthly installments, aggregating $70,000, and evidenced by promissory notes. A & H executed…