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UNITED STATES v. MOUNTAIN STATE FABRICATING CO.

No. 8142.

282 F.2d 263 (1960)

UNITED STATES of America, Appellant, v. MOUNTAIN STATE FABRICATING COMPANY, a corporation; General Storage Company, a corporation, and Keeley Construction Company, a corporation, Appellees.

United States Court of Appeals Fourth Circuit.

Decided August 8, 1960.

Opinion Filed August 23, 1960.

Attorney(s) appearing for the Case

Ronald A. Jacks, Atty., Dept. of Justice, Alexandria, Va. (George Cochran Doub, Asst. Atty. Gen., Morton Hollander, Atty., Dept. of Justice, Washington, D. C., and Albert M. Morgan, U. S. Atty., Fairmont, W. Va., on brief), for appellant.

James M. Guiher, Clarksburg, W. Va. (Steptoe & Johnson, Clarksburg, W. Va., on brief), for appellee Mountain State Fabricating Co.

William G. Johnson, Clarksburg, W. Va. (Johnson & Johnson, Clarksburg, W. Va., on brief), for appellee General Storage Co.

Herschel Rose, Fairmont, W. Va. (J. C. McManaway and H. Laban White, Jr., Clarksburg, W. Va., on brief), for appellee Keeley Const. Co.

Before SOBELOFF, Chief Judge, and CHESNUT and R. DORSEY WATKINS, District Judges.

SOBELOFF, Chief Judge.

A stock pile of crude rubber belonging to the United States and stored in a warehouse at Clarksburg, West Virginia, was damaged, and all but destroyed,1 in a fire on July 10, 1952. More than six years later, on October 3, 1958, the Government began an action against two of the defendants, The Mountain State Fabricating Company and General Storage Company.

The allegation against the first of these, Mountain...

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