SETH, Circuit Judge.
The United States brought this damage action against Ben F. Boone to recover the cost incurred in suppressing a forest fire which spread from the defendant's land, where he was burning brush, to a National Forest. The suit was tried to a jury which found for the defendant, and the United States has taken this appeal.
The issue on appeal centers on the dismissal of one of the two causes of action in the complaint. The first cause asserted...
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