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KIMBERLY ASSOCIATES v. U.S.

No. 99-35188.

261 F.3d 864 (2001)

KIMBERLY ASSOCIATES, an Idaho limited partnership, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 17, 2001

Attorney(s) appearing for the Case

John C. Ward, Robert E. Bakes, Erik J. Bolinder; Moffatt, Thomas, Barrett, Rock & Fields; Boise, Idaho; attorneys for the Plaintiff-Appellant.

Nicholas J. Woychick, Assistant United States Attorney; Boise, Idaho; attorney for the Defendant-Appellee.

Before: Thomas M. Reavley, Ferdinand F. Fernandez and Sidney R. Thomas, Circuit Judges.

THOMAS, Circuit Judge:

Kimberly Associates ("Kimberly"), owner of a low-income housing project in Twin Falls, Idaho, argues that it is not barred from bringing a quiet title action against the United States on property subject to a government loan. Under the circumstances presented by this case, we agree with the district court that the United States has waived sovereign immunity. However, we disagree that the unmistakability doctrine bars this action and remand for...

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