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McCLELLAN v. KIMBALL

No. 77-4013.

623 F.2d 83 (1980)

Richard E. McCLELLAN and Muriel McClellan, Plaintiffs-Appellants, v. James L. KIMBALL, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

July 9, 1980.

Attorney(s) appearing for the Case

John P. Frank, Lewis & Roca, Phoenix, Ariz., for plaintiffs-appellants.

Martin W. Matzen, Dept. of Justice, Washington, D. C., argued, for defendant-appellee.

Before TRASK and SKOPIL, Circuit Judges, and THOMPSON, District Judge.

SKOPIL, Circuit Judge.

INTRODUCTION

The McClellans, private landowners, filed an ejectment action in state court against Kimball, a U.S. Forest Service supervisor. The action was removed to federal district court and dismissed on the ground that the Quiet Title Act, 28 U.S.C. § 2409a, was the McClellans' sole remedy. The McClellans argue that this case is controlled by our holding in Ritter v. Morton, 513 F.2d 942

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