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HARRIS v. UNITED STATES

Nos. 4570-4572.

205 F.2d 765 (1953)

HARRIS et al. v. UNITED STATES. THOMAS et al. v. UNITED STATES. ELLIS v. UNITED STATES.

United States Court of Appeals Tenth Circuit.

Rehearing Denied August 5, 1953.

Attorney(s) appearing for the Case

Charles R. Nesbitt, Oklahoma City, Okl., and Reuel W. Little, Madill, Okl., for appellants.

Benjamin Forman, Washington, D. C., for appellee (Warren E. Burger, Asst. Atty. Gen., Edwin Langley, U. S. Atty., Muskogee, Okl., and Paul A. Sweeney, Atty., Department of Justice, Washington, D. C., on the brief).

Before BRATTON, HUXMAN and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

Appellants filed separate actions against the United States under the Federal Tort Claims Act, 28 U.S.C.A. § 1346(b) and § 1346(a), for damages to their cotton and peanut crops resulting from spraying operations conducted by the United States on its adjoining property. The actions were consolidated for trial and these appeals are from judgments for the United States.

The United States Fish and Wildlife Service and the United...

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