KOOTENAI CANYON RANCH, INC. v. U.S. FOREST SERVICE

No. CV 03-131-M-DWM.

338 F.Supp.2d 1129 (2004)

KOOTENAI CANYON RANCH, INC., Plaintiff, v. UNITED STATES FOREST SERVICE, an Agency of the United States Department of Agriculture, and Dale Bosworth, Chief of the United States Forest Service, Defendants.

United States District Court, D. Montana, Missoula Division.

September 22, 2004.


Attorney(s) appearing for the Case

Stacey Weldele-Wade, Antonioli and Wade, Missoula, MT, for Plaintiff.

Mark Steger Smith, Office of the U.S. Attorney, Billings, MT, for Defendant.


ORDER

I. INTRODUCTION

A. Procedural Background

This case involves a dispute over a right-of-way easement granted by Plaintiff's predecessor in interest to the U.S. Forest Service in 1965. The United States has moved to dismiss the complaint for lack of subject matter jurisdiction, pursuant to Fed.R.Civ.P. 12(b)(1). In so doing, it submitted declarations and other documents outside of the pleadings. In response, the Plaintiff...

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