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YORKSHIRE INS. CO. v. UNITED STATES

Nos. 9616, 9617.

171 F.2d 374 (1948)

YORKSHIRE INS. CO. v. UNITED STATES. HOME INS. CO. v. UNITED STATES.

United States Court of Appeals Third Circuit.

Decided November 5, 1948.

As Amended on Denial of Rehearing December 6, 1948.

Attorney(s) appearing for the Case

Abraham Frankel, of Asbury Park, N. J. (Frankel & Frankel, of Asbury Park, N. J., on the brief), for appellants.

Alvin O. West, of Washington, D. C. (H. G. Morison, Asst. Atty. Gen., Isaiah Matlack, and Alfred E. Modarelli, U. S. Attys., both of Newark, N. J., and Paul A. Sweeney, Massillon M. Heuser, and Alvin O. West, Attorneys Department of Justice, all of Washington, D. C., on the brief), for appellee.

Before MARIS, GOODRICH, and KALODNER, Circuit Judges.

GOODRICH, Circuit Judge.

The present appeals raise new and interesting questions under the Federal Tort Claims Act, 28 U.S.C.A. § 931(a) [1948 Judicial Code, 28 U.S.C.A. §§ 1346, 2674], and Rule 17 of the Federal Rules of Civil Procedure, 28 U.S.C.A.

The basic facts which present the legal point may be taken to be as follows: A property owner suffers injury to his property by fire through negligence...

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