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ARNHOLD v. UNITED STATES

Nos. 16367, 16368.

284 F.2d 326 (1960)

Arthur A. ARNHOLD et al., Appellants, v. UNITED STATES of America et al., Appellees. RAYONIER INCORPORATED, a corporation, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

October 26, 1960.

Attorney(s) appearing for the Case

Ferguson & Burdell, W. H. Ferguson, Donald McL. Davidson, Seattle, Wash., for appellant, Arnhold.

Holman, Mickelwait, Marion, Black & Perkins, Lucien F. Marion, Burroughs B. Anderson, Seattle, Wash, for appellant, Rayonier.

George C. Doub, Asst. Atty. Gen., Charles P. Moriarty, U. S. Atty., Seattle, Wash., Alan S. Rosenthal, Kathryn H. Baldwin, Attys., Dept. of Justice, Washington, D. C., for the United States, appellee.

Wright, Innis, Simon & Todd, Donald A. Schmechel, Roger L. Williams, Seattle, Wash., for appellee, Port Angeles and Western Railroad Co.

A. R. Truax, Trustee in Reorganization. Skeel, McKelvy, Henke, Evenson & Uhlmann, W. R. McKelvy, George Kahin, Seattle, Wash., for appellee Fibreboard Products, Inc.

Before POPE, MAGRUDER and MERRILL, Circuit Judges.

MAGRUDER, Circuit Judge.

This litigation arose out of a forest fire in August and September, 1951, on the Olympic Peninsula in the State of Washington.

A complaint was filed under the Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq. by Rayonier Incorporated, one of the property owners who suffered loss, against the United States of America as sole defendant, charging negligence by employees of the United States in their failure to prevent, control...

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