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STATE v. UNITED STATES

No. 17574.

308 F.2d 568 (1962)

STATE of OREGON, acting by and through its STATE FORESTER, and Klamath Forest Protective Association, an Oregon nonprofit corporation, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

September 20, 1962.

Attorney(s) appearing for the Case

Robert Y. Thornton, Atty. Gen. of Oregon, Thomas C. Stacer and Clarence R. Kruger, Asst. Attys. Gen. of Oregon, Salem, Or., for appellant.

Sidney I. Lezak, Acting U. S. Atty., and Victor E. Harr, Asst. U. S. Atty., Portland, Or., William H. Orrick, Jr., Asst. Atty. Gen., Alan S. Rosenthal, Stanley M. Kolber and Morton Hollander, Attys., Dept. of Justice, Washington, D. C., for appellee.

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

HODGE, District Judge.

Except as herein noted, the appeal in this case involves identical issues with those decided by the court in People of the State of California v. United States, 9 Cir., 307 F.2d 341.

The complaint, founded upon the Tort Claims Act, Section 1346(b), Title 28 U. S.C.A., alleges that agents and employees of the Forest Service, Department of Agriculture, United States of America, while acting within the scope of their employment, negligently...

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