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O'TOOLE v. U.S.

No. 01-15310.

295 F.3d 1029 (2002)

Bartley H. O'TOOLE; Lilly E. O'Toole, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 10, 2002.

Attorney(s) appearing for the Case

Stewart R. Wilson, Wilson and Barrows, Ltd., Elko, NV, for the plaintiffs-appellants.

Lowell V. Sturgill, Jr., United States Department of Justice, Washington, DC, for the defendant-appellee.

Before: HAWKINS and SILVERMAN, Circuit Judges, and RESTANI, Judge.

SILVERMAN, Circuit Judge.

The O'Tooles have a ranch upstream from government-owned property held in trust by the Bureau of Indian Affairs. They allege that the BIA's negligent maintenance of the irrigation system on its property caused the river to back up onto their land, resulting in considerable damage. The district court dismissed the case for lack of subject matter jurisdiction, finding that the government's actions fell within the discretionary function exception...

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