FAY v. UNITED STATES

No. 16831.

253 F.2d 936 (1958)

W. M. FAY, trading as Borderland Salvage Company, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

April 2, 1958.


Attorney(s) appearing for the Case

James M. McEwen, McEwen & Cason, Tampa, Fla., for appellant.

James L Guilmartin, U. S. Atty., Robert F. Nunez, III, Asst. U. S. Atty., Tampa, Fla., for appellee.

Before RIVES, TUTTLE and JONES, Circuit Judges.


RIVES, Circuit Judge.

This appeal is from a summary judgment in favor of the United States against Fay for $9,254.16 with 6% interest from June 15, 1950, and with $41.40 court costs. The Fort Worth, Texas, Quartermaster Depot invited written bids for the purchase of certain property upon prescribed terms and conditions. Those pertinent to the present action are quoted in the margin.1

Fay's bid was accepted for 31,149 fivegallon...

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