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MYERS v. UNITED STATES

Civ. Nos. A-16481 and A-16632.

210 F.Supp. 695 (1962)

A. J. MYERS, Plaintiff, v. UNITED STATES of America, doing business in Alaska as Bureau of Public Roads; and McLaughlin, Inc., a corporation, Defendants. Walter James WEAVER and Idella Weaver, husband and wife, Plaintiffs, v. UNITED STATES of America, doing business in Alaska as Bureau of Public Roads; and McLaughlin, Inc., a corporation, Defendants.

United States District Court D. Alaska, Anchorage.

November 27, 1962.

Attorney(s) appearing for the Case

Bailey E. Bell, Bell, Sanders & Tallman, Anchorage, Alaska, for plaintiffs.

Warren C. Colver, U. S. Atty., by Weyman I. Lundquist, Asst. U. S. Atty., Anchorage, Alaska, for defendants United States of America.

David H. Thorsness, Hughes, Thorsness & Lowe, Anchorage, Alaska, for defendant McLaughlin, Inc.

PLUMMER, District Judge.

These actions were filed under the Federal Tort Claims Act, 28 U.S.C., §§ 1346 (b), 2671-2680. They arise out of a road known as the Wasilla-Big Lake Junction Road constructed by McLaughlin, Inc., under a contract with the Bureau of Public Roads in the year 1959, across a portion of lands owned by the plaintiffs. Both actions are predicated upon trespass, waste, and conversion of gravel removed outside of and beyond a right-of-way...

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