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CADILLAC FAIRVIEW/CALIFORNIA, INC. v. U.S.

No. 92-56379.

41 F.3d 562 (1994)

CADILLAC FAIRVIEW/CALIFORNIA, INC., Plaintiff, v. UNITED STATES OF AMERICA, Defendant-cross-claimant-Appellee, and Cabot, Cabot & Forbes Interim Co., Inc., et al., Defendants-third-party-Plaintiffs, and DOW CHEMICAL COMPANY, et al., Defendants-third-party-Plaintiffs-Appellants, v. UNIROYAL GOODRICH TIRE CO.; Goodyear Tire & Rubber Company, Third-party-defendants-Cross-claimants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 6, 1994.

Attorney(s) appearing for the Case

Stephen McKae, Hardin, Cook, Loper, Engel & Bergez, Oakland, CA, for defendant-third-party plaintiff-appellant.

Elizabeth M. Weaver, Diana H. Koziol, Howrey & Simon, Los Angeles, CA, for third-party defendants-counter-claimants-appellees.

Catherine M. Sheafor, U.S. Dept. of Justice, Washington, DC, for defendant-cross-claimant-appellee.

Before: BROWNING, BOOCHEVER, and KLEINFELD, Circuit Judges.

PER CURIAM:

When denied access to its primary sources of natural rubber during World War II, the United States contracted with Dow Chemical Company, Goodyear Tire and Rubber Company, Shell Oil Company, and United States Rubber Company (the predecessor of Uniroyal Goodrich Tire Company) to construct, lease, and operate a government-owned, synthetic rubber manufacturing complex on land owned by the United States. The complex consisted of four units: a unit for the production...

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