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RAYONIER INCORPORATED v. UNITED STATES

No. 14329.

225 F.2d 642 (1955)

RAYONIER INCORPORATED, a Corporation, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied October 14, 1955.

Attorney(s) appearing for the Case

Holman, Mickelwait, Marion, Black & Perkins, Lucien F. Marion, Burroughs B. Anderson, Seattle, Wash., for appellant.

Warren E. Burger, Asst. Atty. Gen., Paul A. Sweeney, Alan S. Rosenthal, Samuel D. Slade, Sondra K. Slade, Attys., Department of Justice, Washington, D. C., Charles P. Moriarty, U. S. Atty., F. N. Cushman, Asst. U. S. Atty., Seattle, Wash., for appellee.

Before BONE, ORR and HASTIE, Circuit Judges.

ORR, Circuit Judge.

Appellant filed an original and amended complaint in the trial court seeking to recover damages against the United States. The amended complaint, says appellant, alleges a cause of action within the area in which the United States has waived its sovereign immunity from suit under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671-2680. The damages claimed are for property losses.

On motion the trial court dismissed the action...

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