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U. S. v. DENVER & RIO GRANDE WESTERN R. CO.

No. 75-1701.

547 F.2d 1101 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. The DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided January 11, 1977.

Attorney(s) appearing for the Case

Carl Strass, Dept. of Justice, Washington, D. C. (Peter R. Taft, Asst. Atty. Gen., Washington, D. C., Glen R. Goodsell, Dept. of Justice, Washington, D. C., Ramon M. Child, U. S. Atty., Salt Lake City, Utah, on the brief), for plaintiff-appellee.

Alan L. Sullivan, Salt Lake City, Utah (Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, on the briefs), for defendant-appellant.

Before SETH and HOLLOWAY, Circuit Judges, and STANLEY, Senior District Judge.

ARTHUR J. STANLEY, Jr., Senior District Judge.

This is an appeal from a judgment rendered in favor of the United States in an action to recover for fire damage to fifty-five acres of government land adjoining the appellant's right-of-way in Price Canyon, Utah. The case was tried to the court without a jury.

The trial court found that the appellant (the railroad) negligently allowed inflammable materials to accumulate...

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