BARTON v. UNITED STATES

No. 79-1346.

609 F.2d 977 (1979)

Clyde M. BARTON and Nina Sessions Barton, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided November 20, 1979.

Rehearing Denied December 26, 1979.


Attorney(s) appearing for the Case

Milton A. Oman, Salt Lake City, Utah, for plaintiffs-appellants.

Stuart E. Schiffer, Acting Asst. Atty. Gen., Ronald L. Rencher, U. S. Atty., Salt Lake City, Utah, Leonard Schaitman, Howard S. Scher, Attys., Appellate Staff—Civil Div., Dept. of Justice, Washington, D. C., for defendant-appellee.

Before PICKETT, BARRETT and DOYLE, Circuit Judges.


PICKETT, Circuit Judge.

This action was brought under the Federal Tort Claims Act (28 U.S.C. 1346(b)) to recover damages for the alleged unlawful acts of agents of the Bureau of Land Management (BLM) requiring the temporary discontinuance of grazing on public lands covered by existing livestock grazing permits. The trial court held that the decisions of the BLM complained of were of a discretionary nature and excluded from the Act by the provisions of 28 U.S.C. 2680...

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