Legal Opinion

United States v. State of California

Court of Appeals for the Ninth Circuit

Decided February 28, 1964No. 18246_1PublishedCited by 23 opinions

1Opinion of the Court

BROWNING, Circuit Judge.

The United States sued the State of California in the District Court to recover losses resulting from allegedly negligent acts of State employees in starting a fire in a national forest, and in attempting to extinguish it. The complaint was filed under 28 U.S.C.A. § 1345, which grants to district courts original juris diction over “all” civil actions commenced by the United States. 1

The District Court dismissed the action on the ground that Section 1345 “does not confer upon a Federal district court jurisdiction over a State in a civil action brought by the United…

2Cases cited51 opinions

  1. Cohens v. VirginiaSupreme Court of the United States · 1821
  2. Utah Power & Light Co. v. United StatesSupreme Court of the United States · 1917
  3. United States v. Standard Oil Co. Of CaliforniaSupreme Court of the United States · 1947
  4. Ex Parte CollettSupreme Court of the United States · 1949
  5. United States v. CaliforniaSupreme Court of the United States · 1947

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3Cited by23 opinions

  1. United States v. State of CaliforniaCourt of Appeals for the Ninth Circuit · 1980
  2. United States v. Water Resources Control BoardCourt of Appeals for the Ninth Circuit · 2021
  3. Raymond Foxgord, Individually and as Trustee of the Foxgord Trust, Cecilia Foxgord v. Baron Herbert HischemoellerCourt of Appeals for the Ninth Circuit · 1987
  4. United States of America, Reynolds Electrical & Engineering Co., Inc. And Cashman Equipment Co. v. Nevada Tax CommissionCourt of Appeals for the Ninth Circuit · 1971
  5. Ehring v. Western Community Moneycenter (In Re Ehring)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988

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