CRARY, District Judge.
The government seeks damages in the sum of $9,876.64 allegedly resulting from the "Glendora fire" which occurred September 5, 1960, and defendant counterclaims for damages in the amount of $40,000.00 alleged to have resulted to it from the "Woodwardia fire" as of October 13, 1959. The action was filed May 31, 1962.
Plaintiff now moves to dismiss the counterclaim of defendant on the grounds:
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