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TILLMAN v. UNITED STATES

No. 14590.

232 F.2d 511 (1956)

Mearl C. TILLMAN and Emily P. Tillman, Husband and Wife, Appellants, v. UNITED STATES of America, Appellee (And Related Cases).

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 15, 1956.

Attorney(s) appearing for the Case

Virgil Crum, Crum & Smith, William C. Ralston, Portland, Or., for appellants.

Warren E. Burger, Asst. Atty. Gen., Bonnell Phillips, John J. Finn, Attorneys, Department of Justice, Washington, D. C., C. E. Luckey, U. S. Atty., Portland, Or., Walker Lowry, Sp. Asst. to Atty. Gen., San Francisco, Cal., for appellee.

Before HEALY and CHAMBERS, Circuit Judges, and HARRISON, District Judge.

HARRISON, District Judge.

This is an appeal from the United States District Court for the District of Oregon, wherein the government was held not liable under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq., for property damages caused by floods when the Columbia River went on a rampage in the year 1948.

The facts disclose that in 1949 fifty-two separate actions were filed against the United States government for damages resulting...

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