UNITED STATES v. STARKS

Nos. 11778, 11779.

239 F.2d 544 (1956)

UNITED STATES of America, Third Party Plaintiff-Appellant, v. Richard STARKS et al., etc., Third Party Defendants-Appellees. UNITED STATES RUBBER CO., Third Party Plaintiff-Appellant, v. Richard STARKS et al., etc., Third Party Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied January 16, 1957.


Attorney(s) appearing for the Case

John G. Laughlin, Appellate Section, U. S. Dept. of Justice, Washington, D. C., A. M. Fitzgerald, R. G. Heckenkamp and John B. Stoddart, Jr., U. S. Atty., Springfield, Ill., George Cochran Doub, Asst. Atty. Gen., Paul A. Sweeney, Atty., Dept. of Justice, Washington, D. C., for appellant.

Thomas B. Dunn, Morris, Ill., Dunn & Hayes, Morris, Ill., for appellees.

Before FINNEGAN, LINDLEY and SCHNACKENBERG, Circuit Judges.


SCHNACKENBERG, Circuit Judge.

In a complaint filed in the district court by the Trustees1 of Funk Farms Trust against the United States of America and United States Rubber Co., a corporation, plaintiffs sought recovery for damage to plaintiffs' cattle alleged to have been caused by the negligence of defendants' employees in spraying arsenic over a part of the Joliet Arsenal Military Reservation in Will County, Illinois, which, pursuant...

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