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BARTHOLOMAE CORPORATION v. UNITED STATES

No. 15141.

253 F.2d 716 (1958)

BARTHOLOMAE CORPORATION, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 11, 1958.

Attorney(s) appearing for the Case

Irl Davis Brett, Los Angeles, Cal., for appellant.

George C. Doub, Asst. Atty. Gen., Melvin Richter, Lester S. Jayson and Paul A. Sweeney, Attys., Department of Justice, Washington, D. C., Laughlin E. Waters, U. S. Atty., Andrew J. Weisz, Asst., U. S. Atty., Los Angeles, Cal., for appellee.

Before FEE, BARNES and HAMLEY, Circuit Judges.

JAMES ALGER FEE, Circuit Judge.

Bartholomae Corporation brought action against the United States for damages to certain buildings on land owned by it. It was claimed such damage was caused by atomic energy and nuclear detonations, conducted by employees of the United States at a site known as French man's Flat, about 150 miles southwest of the property of plaintiff. Two counts are founded in negligent detonation of explosives by agents of the government in the course...

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