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GARDNER v. STAGER

No. 95-16471.

103 F.3d 886 (1996)

Cliff GARDNER; Bertha Gardner, Plaintiffs-Appellants, v. D. Waive STAGER; Llee Chapman; Frankie Sue Del Papa; Rodney Harris, Marshall Smith; Mont E. Lewis; Dale Robertson, also all other persons known or unknown, claiming any right, title, estate, lien, or interest in the real property described in this complaint adverse to plaintiffs' ownership, or any cloud upon plaintiffs' title thereto, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 26, 1996.

Attorney(s) appearing for the Case

Glade L. Hall, Reno, NV, for plaintiffs-appellants.

Albert M. Ferlo, Jr., United States Department of Justice, Environment and Natural Resources Division, Washington, DC, for defendants-appellees.

Before: CHOY, REAVLEY, and LEAVY, Circuit Judges.

CHOY, Circuit Judge:

Cliff and Bertha Gardner ("Gardners") appeal from the district court's Fed.R.Civ.P. 12 dismissal of their quiet title action for grazing rights on land located in the Humboldt National Forest. We affirm.

Factual and Procedural Background

Cliff and Bertha Gardner own a cattle ranch in the Ruby Valley, Elko County, Nevada. The ranch is near the Humboldt National Forest. The Gardners and their predecessors in interest have grazed...

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