Freres Timber, Inc. v. United States

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 9 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

FRERES TIMBER, INC., an Oregon No. 24-7736 corporation; FRERES LUMBER CO., INC., D.C. No. an Oregon corporation, 6:24-cv-00018-MC Plaintiffs - Appellants,

MEMORANDUM*

v.

UNITED STATES OF AMERICA,

Defendant - Appellee.

Appeal from the United States District Court for the District of Oregon Michael J. McShane, Chief District Judge, Presiding

Submitted February 5, 2026** Portland, Oregon

Before: BEA, CHRISTEN, and DESAI, Circuit Judges.

Freres Timber, Inc. and Freres Lumber Co., Inc. (“Freres”) appeal the district

court’s dismissal of their lawsuit asserting Federal Tort Claims Act (“FTCA”) claims

against the United States Forest Service (“Forest Service”) for its negligent handling

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). of the…