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UNITED STATES v. BURLINGTON NORTHERN, INC.

No. 72-2971.

500 F.2d 637 (1974)

UNITED STATES of America, Plaintiff-Appellant, v. BURLINGTON NORTHERN, INC., and John R. Solomon, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

July 18, 1974.

Attorney(s) appearing for the Case

Glen R. Goodsell (argued), Lands Div., Dept. of Justice, Washington, D.C., for plaintiff-appellant.

John Gavin (argued), Gavin, Robinson, Kendrick, Redman & Mays, Yakima, Wash., for defendants-appellees.

Before CHOY and WALLACE, Circuit Judges, and BELLONI, District Judge.

OPINION

BELLONI, District Judge:

Appellant, the United States, brought this action to recover the costs of suppressing a forest fire which occurred in August, 1967, on land owned by appellee Burlington Northern and upon which appellee Solomon's logging operations took place. Appellant entered appellees' land to put out the fire under authority of a cooperative agreement with the State of Washington whereby appellant agreed to provide fire fighting services...

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