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PEOPLE v. UNITED STATES

No. 17534.

307 F.2d 941 (1962)

PEOPLE OF the STATE OF CALIFORNIA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

September 20, 1962.

Attorney(s) appearing for the Case

Stanley Mosk, Atty. Gen. for State of Cal., John M. Morrison, and Robert H. Connett, Deputy Attys. Gen., Sacramento, Cal., for appellant.

William H. Orrick, Jr., Asst. Atty. Gen., Alan S. Rosenthal, and Stanley M. Kolber, Attys., Dept. of Justice, Washington, D. C., and Cecil F. Poole, U. S. Atty., San Francisco, Cal., for appellee.

Before BARNES and HAMLIN, Circuit Judges, and HODGE, District Judge.

HODGE, District Judge.

This is an appeal from a judgment of the District Court dismissing appellant's action for lack of jurisdiction over the subject matter. Appellant filed its "complaint for damages" under the Federal Tort Claims Act, 28 U.S.C.A. § 1346(b), to recover expenses incurred by the State of California in suppressing an uncontrolled fire on land within the State in the sum of $11,128.76. The complaint alleged that employees of the United States Forest...

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