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MILLER v. U.S.

No. 97-35847.

163 F.3d 591 (1998)

Donald Maxwell MILLER; Janet Miller; D.J. Miller Ranches Incorporated, an Oregon Corporation; D & J Ranches, a Partnership Consisting of Donald Maxwell Miller and Janet Claire Miller, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 17, 1998.

Attorney(s) appearing for the Case

William F. Schroeder (Argued), Carol DeHaven Skerjanec, Vale, Oregon, and W. Alan Schroeder, Boise, Idaho, for plaintiffs-appellants.

James L. Sutherland, Assistant United States Attorney, Eugene, Oregon, for defendant-appellee.

Before: NOONAN, THOMPSON, and TROTT, Circuit Judges.

TROTT, Circuit Judge:

Donald and Janet Miller, D.J. Miller Ranches, Inc., and D & J Ranches, a partnership consisting of Donald and Janet Miller ("the Millers") appeal the United States District Court of Oregon's grant of summary judgment for the United States. The Millers sued the United States Forest Service for damages incurred when a forest fire spread from the Ochoco National Forest onto their property. The district court granted the government's motion for...

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