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UNITED STATES v. FLORIDA PINE AND CYPRESS COMPANY

Civ. A. No. 1178.

265 F.Supp. 960 (1967)

The UNITED STATES of America, Plaintiff, v. FLORIDA PINE AND CYPRESS COMPANY, Inc., and United States Fidelity and Guaranty Company, Defendants.

United States District Court N. D. Florida, Tallahassee Division.

March 17, 1967.

Attorney(s) appearing for the Case

Clinton Ashmore, U. S. Atty., Tallahassee, Fla., for plaintiff.

Harold Lambert, Bainbridge, Ga., for Florida Pine & Cypress Co., Inc.

Bruce W. Kirbo, Bainbridge, Ga., for United States Fidelity & Guaranty Co.

ORDER

CARSWELL, Chief Judge.

This cause came on for consideration of the Government's motion to strike affirmative defenses filed by the defendant, Florida Pine and Cypress Company, Inc. It is the contention of Government counsel that this affirmative defense sounds in the nature of a counterclaim or a set-off against the United States, and that there is no statutory authority waiving the immunity of the United...

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