UNITED STATES v. SCHOOL DISTRICT NO. 2, ETC.

No. 11007.

124 F.Supp. 570 (1954)

UNITED STATES of America, Plaintiff, v. SCHOOL DISTRICT NO. 2 FRACTIONAL ATHENS TOWNSHIP, CALHOUN COUNTY, MICHIGAN, and L.B.S. Aircraft Corporation, Defendants.

United States District Court E. D. Michigan, S. D.

August 27, 1954.


Attorney(s) appearing for the Case

Willis Ward, Asst. U. S. Atty., Detroit, Mich., Joseph F. Knowlin, Department of Justice, Washington, D. C., for plaintiff.

Chas. R. Moon, Wm. G. Lerchan, Jr., of Dickinson, Wright, Davis, McKean & Cudlip, Detroit, Mich., Robert. P. Smith, Robt. V. Smith, J. W. Kiernan, of Smith, Ristig & Smith, Washington, D. C., Victor E. Bucknell, Vicksburg, Mich., Bucknell, Birkhold, Fayling & Luna, Kalamazoo, Mich., for defendant.


CHANDLER, District Judge.

This is an action by the United States to recover damages caused by the sale and transfer by the Athens Public Schools of an airplane obtained for non-flight instructional purposes from the War Assets Administration under the provisions of the Surplus Property Act of 1944.

In 1944, Congress passed the Surplus Property Act, 58 Stat. 765, 50 U.S. C.A.Appendix, § 1611 et seq., providing for the disposal of surplus property. Section...

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