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NATIONAL MFG. CO. v. UNITED STATES

Nos. 14875, 14901-14904, 14894.

210 F.2d 263 (1954)

NATIONAL MFG. CO. et al. v. UNITED STATES. GREAT WESTERN PAINT MFG. CORP. v. UNITED STATES. MID-CENTRAL FISH CO. v. UNITED STATES. WESTERN MERCANTILE CO. v. UNITED STATES. COUCH TRACTOR & EQUIPMENT CO. v. UNITED STATES. CHARLES P. SHIPLEY SADDLERY & MERCANTILE CO. v. UNITED STATES.

United States Court of Appeals Eighth Circuit.

Rehearing Denied March 5, 1954.

Attorney(s) appearing for the Case

Clay C. Rogers and Byron Spencer, Kansas City, Mo. (James W. Benjamin, Joseph J. Kelly, Jr., Gordon Leonard, Rogers, Field & Gentry, Spencer, Fane, Britt & Browne, and Stinson, Mag, Thomson, McEvers & Fizzell, Kansas City, Mo., on the briefs), for appellants Nat. Mfg. Co. and others.

Roy K. Dietrich, Kansas City, Mo. (Edwin Earnshaw and Dietrich, Tyler & Davis, Kansas City, Mo., on the brief), for appellant C. P. Shipley Saddlery & Mercantile Co.

Warren E. Burger, Asst. Atty. Gen. (Edward L. Scheufler, U. S. Atty., Kansas City, Mo., Paul R. Shy, Asst. U. S. Atty., Chillicothe, Mo., and Paul A. Sweeney and Morton Hollander, Attorneys, Department of Justice, Washington, D. C., on the briefs), for appellee.

Before SANBORN, WOODROUGH and JOHNSEN, Circuit Judges.

Rehearing Denied in No. 14894, March 5, 1954.

WOODROUGH, Circuit Judge.

These six appeals are taken to reverse judgments which dismissed actions sought to be maintained under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq., to recover damages from the United States for property loss and damage suffered by the plaintiffs at their places of business in Kansas City, Missouri, in the course of the July, 1951, Kansas River flood.

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