United States v. Arizona

CHAMBERS, Circuit Judge.

Reference is made to the opinion filed' in the above entitled cause on June 30, 1954, 214 F.2d 389.

The government petitions for a rehearing. It claims that this court has-turned its back on its own case of Gil-*249man v. United States, 9 Cir., 206 F.2d 846, which was affirmed, 347 U.S. 507, 74 S.Ct. 695.

In the Gilman case, the United States had to respond with money damages under the Federal Tort Claims Act, 28 U. S.C.A. §§ 1346, 2671 et seq. for the negligence of its employee. The United States then sought to recoup its loss from the employee, Gilman. There, of course,…