INDUSTRIAL INDEM. INS. CO. v. UNITED STATES

No. 83-4282.

757 F.2d 982 (1985)

INDUSTRIAL INDEMNITY INSURANCE COMPANY, a corporation, Plaintiff, and United States Fire Insurance Company, a corporation, Defendant-Counterdefendant-Appellee, v. UNITED STATES of America, Defendant-Counterclaimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 4, 1985.


Attorney(s) appearing for the Case

David S. Fleming, John W. Morrison, Karon, Morrison & Savikas, Chicago, Ill., for appellee.

Peter R. Maier, U.S. Dept. of Justice, Washington, D.C., for the United States.

Before WRIGHT, WALLACE, and ALARCON, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

The United States paid $5,218,015 to Union Pacific Railroad in compensation for losses from the collapse of the Teton Dam. It seeks reimbursement from Union Pacific's insurer, who claims that the action is time-barred and that the loss suffered, after depreciation is subtracted, was less than the policy deductible. The district court granted summary judgment for the insurer, finding the action time-barred.

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