we have some economic data that's pushed around the major averages but the dow is higher than 39 points. the s&p is higher by 5. the nasdaq is up by 13. pay pal which is owned by ebay is taking google to court. in a lawsuit filed yesterday pay pal alleges that google stole its idea for a pay by smartphone service. suit also implicates a google executive who used to work at pay pal who think they may have shared the technology. consumer spending ticked up slightly in april. much of that increase was driven by higher food and gas prices. that's it from cnbc, we are first in business worldwide. martin, back to you. >> thank you. this next story may have you glad you're getting away by car this holiday weekend. look at what happened when the pilot of a private aircraft becomes incapacitated and the only person that can help is his wife who has never thrown a plane in her life. nbc's tom costello has the story. >> reporter: it was a brief radio conversation between a private pilot and a denver