L.B. SMITH v. AETNA STANDARD ENG'G CO

Supreme Court — Dismissal — No debatable constitutional question involved — Contracts — "Sale" by war contractor to private person — Goods out of termination inventory — Delivery by vendor to federal agency — By direction of United States pursuant to Contract Settlement Act of 1944 — Action by vendee for breach of contract and judgment for vendor — Claim such act gave United States rights to such inventory — And became part of sale contract — Counterclaim that act, so construed, unconstitutional — Deprivation of property without due process — Article V, Amendments, U.S. Constitution.

Per Curiam.

It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.

Appeal dismissed.

WEYGANDT, C.J., MATTHIAS, HART, ZIMMERMAN, STEWART, TURNER and TAFT, JJ., concur.