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JOHNSTON v. EARLE

Civ. No. 9326.

162 F.Supp. 149 (1958)

Art JOHNSTON, Plaintiff, v. Hugh E. EARLE, Walter B. Shanks, Irwin Borthick and Irving H. Curran, Defendants.

United States District Court D. Oregon.

May 2, 1958.

Attorney(s) appearing for the Case

Barzee, Leedy & Erwin, Portland, Or., for plaintiff.

C. E. Luckey, U. S. Atty., and Edward J. Georgeff, Asst. U. S. Atty., Portland, Or., for defendants.

EAST, District Judge.

A short synopsis of the prior litigation in this case will be of some interest and aid in arriving at a just determination of the present issues.

On July 5, 1949, plaintiff herein brought an action against the United States under the Federal Tort Claims Act, 60 Stat. 842, 28 U.S.C.A. § 1346 (1950 ed.) and 28 U.S.C.A. § 2671 et seq. (1950 ed.). The complaint sounds primarily in trespass...

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