Huffmaster

This case arises as a result of the disastrous catastrophe that took place on the Feather River in December, 1955. Plaintiff's farm was allegedly inundated, with great damage, due to the asserted negligence of agents of the United States in planning, construction, etc., of certain flood control projects. .The plaintiff’s first cause of action is founded upon this alleged negligence. A second cause of action is predicated upon some theory of liability without fault, such as “ultra-hazardous activity.” A third cause of action is based upon the alleged negligence of United States agents in certain post-flood activities. The jurisdiction of this Court is predicated upon the Federal Tort Claims Act (Title 28 U.S.C. §§ 1346 and 2671-2680).

No cause of action is stated or attempted to be stated against the fictitious defendants, and no grounds are alleged or attempted to be alleged to sustain this Court’s jurisdiction over them. Accordingly, the complaint must be dismissed as to the fictitious defendants (Benbow v. Wolf, 9 Cir., 217 F.2d 203 ).

The complaint was filed and summons issued on December 20, 1957. Service was made upon the United States Attorney on December 3, 1959, and upon…