Myers

Each of the appellants appeals from a judgment of the District Court denying recovery of damages sought against each *581 appellee. The two eases were consolidated for trial before the District Court, and have been consolidated for hearing before this Court. Trial was to the court and the opinion of the District Court will be found in 210 P.Supp. commencing at page 695.

The cause was tried on a second amended complaint of each appellant. In each complaint, each appellant sought to recover damages against the United States and McLaughlin, Inc., a corporation, arising out of the construction by McLaughlin, Inc., of a road known as the Wasilla-Big Lake Junction Road, under contract with the Bureau of Public Roads in the year 1959, across portions of land to which the appellants claimed ownership under patents issued to them by the United States.

Jurisdiction of the District Court as to the cause of action alleged in each complaint, in respect to the United States, was invoked under the provisions of 28 U.S.C.A. § 2674 , 1 2*****and 28 U.S.C.A. § 1346 (a).

Jurisdiction of the District Court as to the cause of action alleged in each complaint in respect to McLaughlin, Inc., was…