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UNITED STATES v. URE

Nos. 14127, 14128.

225 F.2d 709 (1955)

UNITED STATES of America, Appellant, v. Ira R. URE and Edna B. Ure, husband and wife, Edward O. Muir and Mary W. Muir, husband and wife, and Clarence Roberts and Afton W. Roberts, husband and wife, doing business under the name and style of Owyhee Farms, Appellees. UNITED STATES of America, Appellant, v. FINE SHEEP COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

September 12, 1955.

Attorney(s) appearing for the Case

J. Lee Rankin, Asst. Atty. Gen., William H. Veeder, Sp. Asst. to Atty. Gen., C. E. Luckey, U. S. Atty., Portland, Or., for appellant.

Gallagher & Gallagher, Ontario, Or., Robert D. Lytle, Roy Kilpatrick, Lytle, Kilpatrick & Schroeder, Vale, Or., for appellee.

Before HEALY, BONE, and ORR, Circuit Judges.

HEALY, Circuit Judge.

The two suits presently before us were brought against the United States under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq. Judgments in damages were awarded below in favor of appellees for the flooding of their lands following breaks in what is known as the North canal of the Owyhee Reclamation project, centered in Malheur County, Oregon. This is a project constructed and being operated by the United States Reclamation...

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