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GUY F. ATKINSON CO. v. MERRITT, CHAPMAN, & SCOTT CORP.

No. 33585.

126 F.Supp. 406 (1954)

GUY F. ATKINSON COMPANY, a corporation, Plaintiff, v. MERRITT, CHAPMAN, & SCOTT CORPORATION, a corporation, The Savin Construction Corporation, a corporation, individually, and as joint venturers; United States of America, et al., Defendants.

United States District Court N. D. California, S. D.

November 5, 1954.

Attorney(s) appearing for the Case

Johnson & Stanton, Gardiner Johnson, John A. Sproul, San Francisco, Cal., for plaintiff.

Bronson, Bronson & McKinnon, Kirke La Shelle, San Francisco, Cal., for defendants Merritt, Chapman & Scott Corp. and The Savin Construction Corp.

Lloyd H. Burke, U. S. Atty., George A. Blackstone, Asst. U. S. Atty., San Francisco, Cal., for defendant United States of America.

OLIVER J. CARTER, District Judge.

This is an action under the Federal Tort Claims Act, 28 U.S.C.A. § 2671 et seq., arising out of the following facts:

Plaintiff is constructing Folsom Power Plant on the American River under a contract with the Bureau of Reclamation of the United States Department of the Interior. Adjacent to plaintiff's construction site, defendant, United States of America, through the Corps of Army Engineers, is constructing Folsom...

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