BERTIE'S APPLE VALLEY FARMS v. UNITED STATES

No. 72-2741.

476 F.2d 291 (1973)

BERTIE'S APPLE VALLEY FARMS, an Idaho corporation, et al., Plaintiffs-Appellants, v. UNITED STATES of America et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

March 29, 1973.


Attorney(s) appearing for the Case

Lloyd J. Webb, Webb, Pike, Burton & Carlson, Twin Falls, Idaho, for plaintiffs-appellants.

Sidney E. Smith, U. S. Atty., Thomas C. Frost, Asst. U. S. Atty., Boise, Idaho; Dale Kent Frizzell, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., for defendants-appellees.

Before MERRILL, ELY and WRIGHT, Circuit Judges.


PER CURIAM:

Plaintiffs sued in state court to quiet title to real and personal property. The government successfully petitioned under 28 U.S.C. § 1444 to remove to the district court where the action was dismissed.

The district court dismissed this action as one against the United States to which it had not consented. The United States is immune from suit except where it consents. United States v. Sherwood, 312 U.S. 584

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