¶1*806Earl E. Cloud, Larry Bruce Abies, Huntsville, Ala., Cloud, Berry & Abies, Huntsville, Ala., for appellant.
¶2Macon L. Weaver,,U. S. Atty., Birmingham, Ala., Morton Hollander, John G. Eldridge, Martin Jacobs, Attys., Dept, of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., for appellee.
¶6This appeal is from the grant of a motion for summary judgment. Appellant, a lessee of grazing lands from the United States, brought suit under the Federal Tort Claims Act for damages to cattle allegedly caused by the negligence of the United States. The motion was based on an exculpatory and hold harmless clause in the lease.1 It was controlling in the circumstances and the District Court properly terminated the litigation by granting the niotion. United States v. Starks, 7 Cir., 1957, 239 F.2d 544.
¶7The motion to tax appellee with printing costs is denied.
¶8Affirmed.