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CHERRY RIVER BOOM & LUMBER CO. v. UNITED STATES

No. 57.

37 F.Supp. 887 (1940)

CHERRY RIVER BOOM & LUMBER CO. v. UNITED STATES.

District Court, S. D. West Virginia, at Charleston.

September 10, 1940.

Attorney(s) appearing for the Case

C. H. Welles, 3d, of Scranton, Pa., and John M. Wolverton and Brooks B. Callaghan, both of Richwood, W. Va., for plaintiff.

Charles M. Love, Jr., Asst. U. S. Atty. of Charleston, W. Va., and Linton B. West, Regional Law Officer, of Washington, D. C., for defendant.

McCLINTIC, District Judge.

This is a civil action instituted by the Cherry River Boom & Lumber Company, a West Virginia Corporation, against the United States of America, pursuant to the provisions of the so-called Tucker Act, as amended, Section 41(20), Title 28 U.S. C.A., to recover the cost of labor and materials furnished in suppressing a forest fire which occurred on certain lands in the Monongahela National Forest, under the terms of a deed whereby the title...

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