CAL-NEVA LAND & TIMBER INC. v. U.S.

No. CV-97-889-HU.

70 F.Supp.2d 1151 (1999)

CAL-NEVA LAND & TIMBER INC; Thomas G. Atwood, Plaintiffs, v. The UNITED STATES of America; Bureau of Land Management, an Agency of the United States Department of the Interior; Bruce Babbitt, Secretary of the Interior; Sylvia Baca, Acting Director of the Bureau of Land Management; Elaine Y. Zielinski, Director of the Bureau of Land Management for the State of Oregon; Harry M. Cosgriffe, Central Oregon Area BLM Manager; Friends of Rudio Mountain, Inc., an Oregon Corporation; Jamie R. Kidwell; Julie A. Kidwell; Merle Kidwell; and Kathleen Kidwell, Defendants and Counter-claimants.

United States District Court, D. Oregon.

September 30, 1999.


Attorney(s) appearing for the Case

Mark C. Hoyt, Salem, OR, for Plaintiffs.

Kristine Olson, United States Attorney, Portland, OR Thomas C. Lee, Assistant United States Attorney, Portland, OR, Roger W. Nesbit, Special Assistant United States Attorney Office of the Regional Solicitor, Portland, OR, for Defendants United States, Bureau of Land Management, Bruce Babbit, Sylvia Baca, Elaine Y. Zielinski, Harry R. Cosgriffe.

Ivan J. Vesely, Portland, OR, for Defendants Friends of Rudio Mountain, Jamie R. Kidwell, and Julie A. Kidwell.

Merle Kidwell, Forest Grove, OR, pro se.

Kathleen Kidwell, Forest Grove, OR, pro se.


HUBEL, United States Magistrate Judge.

Plaintiffs Cal-Neva Land & Timber and Thomas G. Atwood bring this action against the United States and its administrative agency the Bureau of Land Management (BLM) as well as private defendants Friends of Rudio Mountain and four members of the Kidwell family. The dispute arises from a grant by plaintiffs' predecessor-in-interest to the BLM of an easement over private land in Eastern Oregon. In their Amended Complaint, plaintiffs...

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