Legal Opinion

United States v. N. A. Degerstrom, Inc., a Washington Corporation, and Bower MacHinery Company, Inc.

Court of Appeals for the Ninth Circuit

Decided March 13, 1969No. 22709_1PublishedCited by 20 opinions

1Opinion of the Court

HAMLEY, Circuit Judge:

N. A. Degerstrom, Inc. leased to the United States two pieces of heavy equipment, complete with operators, to be used for flood emergency work. Due to the negligence of the operator, one of these pieces of equipment, known as a Model 988 loader, was damaged during the course of the work. Degerstrom brought this action against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680 (1964) (Act) to recover for the loss. Plaintiff alleged that, at the time of the accident, the negligent operator was the “loaned servant” of the Government.

After a…

2Cases cited6 opinions

  1. Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
  2. Denton v. Yazoo & Mississippi Valley RailroadSupreme Court of the United States · 1932
  3. Warren McCollum v. Orvil Smith and Chan C. Wilson, Doing Business as S & W Equipment Rentals, a PartnershipCourt of Appeals for the Ninth Circuit · 1965
  4. William J. Brucker v. United StatesCourt of Appeals for the Ninth Circuit · 1965
  5. Martarano v. United StatesDistrict Court, D. Nevada · 1964

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3Cited by20 opinions

  1. Peterick v. StateCourt of Appeals of Washington · 1978
  2. Gary L. Costlow v. United StatesCourt of Appeals for the Third Circuit · 1977
  3. Bird & Sons, Inc. v. The United StatesUnited States Court of Claims · 1970
  4. Hunt v. Mobil Oil CorporationDistrict Court, S.D. New York · 1975
  5. United States v. Bissett-Berman Corporation, Pike Corporation of America, Western Offshore Drilling and Exploration Company and M/v Nesco ICourt of Appeals for the Ninth Circuit · 1973

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