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JOHNS-MANVILLE SALES CORP. v. UNITED STATES

No. 80-5622.

690 F.2d 721 (1982)

JOHNS-MANVILLE SALES CORPORATION, (Debtor in Possession, Bankruptcy Chapter XI), Plaintiff-Appellant, v. UNITED STATES of America, Captain A. J. Gildea, U. S. Navy, Commander, Long Beach Naval Shipyard, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 20, 1982.

Rehearing and Rehearing Denied December 16, 1982.

Attorney(s) appearing for the Case

Roy G. Weatherup, Haight, Dickson, Brown & Bonesteel, Santa Monica, Cal., for plaintiff-appellant.

Richard A. Olderman, Washington, D. C., for defendants-appellees.

Before CHAMBERS and CHOY, Circuit Judges, and EAST, District Judge.

Rehearing and Rehearing En Banc Denied December 16, 1982.

CHAMBERS, Circuit Judge:

Johns-Manville Sales Corporation1 (hereafter "Johns-Manville") attempted to sue the United States in District Court for the Central District of California, to obtain a determination, at this time, that it is entitled to indemnification under the Federal Tort Claims Act (28 U.S.C. §§ 2671 et seq.) for any judgments that may eventually become...

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