Preferred Insurance Company v. United States

222 F.2d 942 PREFERRED INSURANCE COMPANY, a Corporation; Michigan Surety Company, a Corporation; Midstates Insurance Company, a Corporation; and The Mercantile Insurance Company of America, a Corporation, Appellants, v. UNITED STATES of America, Appellee. No. 13889. * United States Court of Appeals Ninth Circuit. May 9, 1955. 1 William H. Levit, Long & Levit, Los Angeles, Cal., for appellant. 2 Asst. Atty. Gen. Warren E. Burger, Paul A. Sweeney, Chief, Appellate Section, Dept. of Justice, Morton Hollander, Atty., Dept. of Justice, Washington, D. C., Lloyd H. Burke, U. S. Atty., San Francisco, Cal., for appellee. 3 Before HEALY and BONE, Circuit Judges, and BOLDT, District Judge. 4 BOLDT, District Judge. 5 Appellee's motion to dismiss Appellants' complaints for lack of jurisdiction was heard and considered on the allegations of the complaints, an affidavit supporting the motion and a written stipulation of facts. The motion was granted and these appeals are from the judgments of dismissal. 6 At 10:00 p. m. on August 5, 1950 an Air Force B-29 airplane crashed at the Fairfield-Suisun Air Force Base in California a few seconds after takeoff. The plane exploded near a trailer park…