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STATE OF IDAHO EX REL. TROMBLEY v. U. S. DEPT. OF ARMY

No. 80-3415.

666 F.2d 444 (1982)

STATE OF IDAHO, ex rel. Gordon C. TROMBLEY, Director, Department of Lands and Clearwater-Potlatch Timber Protective Association, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF the ARMY, CORPS OF ENGINEERS; and Kelly White dba White Construction Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 28, 1982.

Attorney(s) appearing for the Case

L. Mark Riddoch, Deputy Atty. Gen., Boise, Idaho, for plaintiffs-appellants.

Jerry V. Smith, Lewiston, Idaho, Susan Engelman, Dept. of Justice, Washington, D. C., for defendants-appellees.

Before KILKENNY and GOODWIN, Circuit Judges, and TANNER, District Judge.

KILKENNY, Circuit Judge:

FACTS

In 1968, the State of Idaho and the United States Army Corps of Engineers (Corps) entered into a fire suppression agreement. The United States paid an annual fee in return for Idaho's obligation, inter alia, to provide a system of fire protection for specified federal land in Idaho. The agreement contained the following clause:

"Article 4. Release of Claims for Damage In consideration of the...

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