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FIRST STATE BANK v. UNITED STATES

No. 8473.

92 F.2d 132 (1937)

FIRST STATE BANK OF THOMPSON FALLS v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

September 21, 1937.

Attorney(s) appearing for the Case

Murphy & Whitlock and J. C. Garlington, all of Missoula, Mont., for appellant.

John B. Tansil, U. S. Atty., and R. Lewis Brown, Asst. U. S. Atty., both of Butte, Mont., and Charles S. Brothers, of Missoula, Mont.

Before DENMAN, STEPHENS, and HEALY, Circuit Judges.

DENMAN, Circuit Judge.

This is an appeal by the defendant bank from a judgment rendered in favor of the United States in the sum of $1,163.28. This amount represents the cost of extinguishing a forest fire originating on land to which appellant held the record title. Liability is predicated upon section 2778.2, Revised Codes of Montana 1935:

"2778.2. Liability for extinguishment of forest fires. Any uncontrolled or spreading fire in forest material...

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