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UNITED STATES v. N. A. DEGERSTROM, INC.

No. 22709.

408 F.2d 1130 (1969)

UNITED STATES of America, Appellant, v. N. A. DEGERSTROM, INC., a Washington corporation, and Bower Machinery Company, Inc., Appellees.

United States Court of Appeals Ninth Circuit.

March 13, 1969.

Attorney(s) appearing for the Case

Carl Eardley, Washington, D. C. (argued), Edwin L. Weisl, Jr., Asst. Atty. Gen., John C. Eldridge, Stephen R. Felson, Attys., Dept. of Justice, Washington, D. C., Smithmoore P. Myers, U. S. Atty., Spokane, Wash., for appellant.

Lawrence Monbleau (argued), of Cashatt, Williams, Connelly & Rekofke, Spokane, Wash., for appellees.

Before HAMLEY, MERRILL and HUFSTEDLER, Circuit Judges.

HAMLEY, Circuit Judge:

N. A. Degerstrom, Inc. leased to the United States two pieces of heavy equipment, complete with operators, to be used for flood emergency work. Due to the negligence of the operator, one of these pieces of equipment, known as a Model 988 loader, was damaged during the course of the work. Degerstrom brought this action against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680 (1964) (Act) to recover...

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