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UNITED STATES v. SOUTHERN PACIFIC COMPANY

Civ. No. 40665.

210 F.Supp. 760 (1962)

UNITED STATES of America, Plaintiff, v. SOUTHERN PACIFIC COMPANY, a corporation, Defendant. SOUTHERN PACIFIC COMPANY, a corporation, Counterclaimant, v. UNITED STATES of America, Counterdefendant.

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

November 16, 1962.

Attorney(s) appearing for the Case

Cecil F. Poole, U. S. Atty., and Elmer Collette, Asst. U. S. Atty., San Francisco, Cal., for plaintiff.

Frederick Nelson, Hume & Nelson, Attys. at Law, San Francisco, Cal., for defendant.

WOLLENBERG, District Judge.

The government seeks to recover fire suppression costs and damages because of the alleged negligence of the defendant, Southern Pacific Co., on July 8, 1957. Defendant has filed a counter claim for its fire suppression costs alleging wrongful and negligent acts of the government on the same day, July 8, 1957, involving the same fire.

The government seeks to dismiss the counter claim on the grounds:

1. That the Federal Tort...

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