CUDDY v. UNITED STATES

No. CV 75-106-M.

490 F.Supp. 390 (1980)

William N. CUDDY, Plaintiff, v. UNITED STATES of America and Bob Bergland, Secretary of Agriculture, Defendants.

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

May 29, 1980.


Attorney(s) appearing for the Case

Datsopoulos & MacDonald, Missoula, Mont., for plaintiff.

George Darragh, Jr., Asst. U. S. Atty., Butte, Mont., for defendants.


OPINION AND ORDER

RUSSELL E. SMITH, District Judge.

Plaintiff was the owner of a D6-C Caterpillar tractor which was destroyed in a forest fire. The United States admitted liability in the amount of $36,253.00, the total amount stated in the administrative claim filed pursuant to the Federal Tort Claims Act. 28 U.S.C. §§ 2671-2680. The United States has moved for a summary judgment as to the balance of the plaintiff's claim.

The administrative...

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