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EMPLOYERS' FIRE INS. CO. v. UNITED STATES

No. 11743.

167 F.2d 655 (1948)

EMPLOYERS' FIRE INS. CO. et al. v. UNITED STATES et al.

Circuit Court of Appeals, Ninth Circuit.

April 8, 1948.

Attorney(s) appearing for the Case

Long & Levit, of Los Angeles, Cal., Percy V. Long and Bert W. Levit, both of San Francisco, Cal., and William H. Levit, of Los Angeles, Cal., for appellants.

James M. Carter, U. S. Atty., Ronald Walker and Reuben Rosensweig, Asst. U. S. Attys., all of Los Angeles, Cal., for the United States.

Before GARRECHT, MATHEWS and ORR, Circuit Judges.

ORR, Circuit Judge.

A United States Army airplane, while engaged in training maneuvers, crashed into a building in which a restaurant business was being conducted. The crash resulted in the death of Tillie Rusconi, one of the proprietors of the restaurant, destruction of the restaurant's fixtures and stock; and damage to the building to such an extent that the lease on the building was terminated.

The owners of the building, the Administrator of the Estate...

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