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SWIFF-TRAIN COMPANY v. UNITED STATES

No. 31002.

443 F.2d 1140 (1971)

SWIFF-TRAIN COMPANY, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 11, 1971.

Attorney(s) appearing for the Case

Seagal V. Wheatley, U. S. Atty., San Antonio, Tex., Morton Hollander, William D. Appler, Attys., Dept. of Justice, Washington, D. C., L. Patrick Gray, III, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., for defendant-appellant.

Jack A. Efron, San Antonio, Tex., Levey & Goldstein, San Antonio, Tex., for plaintiff-appellee.

Before TUTTLE, THORNBERRY and INGRAHAM, Circuit Judges.

TUTTLE, Circuit Judge:

The United States appeals from a judgment rendered against it in favor of Swiff-Train Company which brought the action under the Tucker Act alleging it was a third party beneficiary of a contract entered into between the Fort Sam Houston Guest House Fund and Midwest Carpet Distributors. It is clear that Swiff-Train furnished carpeting to the guest house and that payment was made contrary to the agreement between Midwest and the Fund.

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