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WRIGHT v. UNITED STATES

No. CV 77-6-M.

472 F.Supp. 1153 (1979)

Keith WRIGHT, Plaintiff, v. The UNITED STATES of America and the United States Department of Agriculture, the United States Forest Service, Defendants and Third-Party Plaintiffs, v. UTILITY TOOL & EQUIPMENT COMPANY, INC., Maxon Industries, Inc., and Stone Hydraulic Company, Third-Party Defendants.

United States District Court, D. Montana, Missoula Division.

June 27, 1979.

Attorney(s) appearing for the Case

Robert W. Minto, Jr., Worden, Thane & Haines, Missoula, Mont., for plaintiff.

Robert O'Leary, U. S. Atty., Butte, Mont., for defendants and third-party plaintiffs.

Mulroney, Delaney, Dalby & Mudd, Missoula, Mont., for Utility Tool & Equip.

Corette, Smith & Dean, Butte, Mont., for Maxon Industries, Inc.

Garlington, Lohn & Robinson, Missoula, Mont., for Stone Hydraulic Co.

OPINION AND ORDER

RUSSELL E. SMITH, District Judge.

Plaintiff leased a warehouse to the defendant United States. The warehouse burned, and plaintiff sued the United States for damages under the Federal Tort Claims Act (28 U.S.C. § 1346(b)). The case was submitted to the court for decision on an agreed statement of facts containing the following:

II. That on or about Wednesday, September 25, 1974, at approximately five o'clock P.M...

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