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FIREMAN'S FUND AMERICAN INS. v. UNITED STATES

Civ. No. 76-790.

482 F.Supp. 893 (1979)

FIREMAN'S FUND AMERICAN INSURANCE COMPANIES, a corporation, Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court, D. Oregon.

December 4, 1979.

Attorney(s) appearing for the Case

Frank L. Whitaker, Whitaker & Whitaker, P.C., Portland, Or., for plaintiff.

Sidney I. Lezak, U. S. Atty., Jonathan M. Hoffman, Asst. U. S. Atty., Portland, Or., for defendant.

OPINION

SOLOMON, District Judge:

Plaintiff, Fireman's Fund American Insurance Companies, as subrogee of its insured, YBY Corporation (YBY), filed an action under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b) and 2671 et seq. to recover $30,994.74 for the damages incurred when its Skylok 108 yarder overturned on a Forest Service road in the Umpqua National Forest located in Oregon.

In 1972, Paul B. Hult Lumber Co. contracted...

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