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COUNTY OF BONNER, STATE OF IDAHO v. ANDERSON

No. 23535.

439 F.2d 764 (1971)

COUNTY OF BONNER, STATE OF IDAHO, Appellant, v. Harold ANDERSON, Supervisor Kanikau National Forest, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 10, 1971.

Attorney(s) appearing for the Case

Stephen Bistline (argued), Everett D. Hofmeister, Pros. Atty., Sandpoint, Idaho, Fred F. Kondo, Priest River, Idaho, James W. Derr, of Derr, Derr & Walters, Boise, Idaho, for appellant.

Edmund Clark, Atty., Dept. of Justice (argued), Shiro Kashiwa, Asst. Atty. Gen., Washington, D. C., Jay F. Bates, U. S. Atty., Boise, Idaho, for appellee.

Before CHAMBERS, Circuit Judge, MADDEN, Judge of the United States Court of Claims, and ELY, Circuit Judge.

PER CURIAM:

The judgment of dismissal is affirmed.

We can find no authority that forest supervisor Anderson is or was a proper party to represent the government's interest in what is essentially a quiet title action. (So, we do not reach other questions.) Malone v. Bowdoin, 369 U.S. 643, 82 S.Ct. 980, 8 L.Ed.2d 168, is clearly applicable here.

The situation would be different if it were alleged in the complaint that...

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