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BENNETT v. UNITED STATES

No. 93-16895.

53 F.3d 1080 (1995)

John BENNETT, et al., Plaintiffs-Appellees, State Farm Fire & Casualty Insurance Company, Intervenor-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 10, 1995.

Attorney(s) appearing for the Case

Mark B. Stern, U.S. Dept. of Justice, Washington, DC, Michael A. Hirst, Asst. U.S. Atty., Sacramento, CA, for defendant-appellant.

Richard Sherman, Victoria J. De Goff, De Goff and Sherman, Berkeley, CA, and John Echeverria, Walkup, Melodia, Kelly & Echeverria, San Francisco, CA, for plaintiffs-appellees John Bennett, et al.

James R. Pagliero, Pagliero, Carter & Bauer, Sacramento, CA, for intervenor-appellee State Farm Fire & Cas.

Before: McKAY, REINHARDT, and FERNANDEZ, Circuit Judges.

PER CURIAM:

John Bennett and others sued the United States pursuant to the Federal Tort Claims Act. They alleged that the United States was negligent in controlling a forest fire that broke out in the Toiyabe National Forest, as a result of which they suffered damages. The district court denied the government's motion for summary judgment, and this appeal ensued.

We affirm for the reasons set forth in our opinion in Anderson v. United States,

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