State of Oregon, Acting by and Through Its State Forester, and Klamath Forest Protective Association, an Oregon Nonprofit Corporation v. United States

Except as herein noted, the appeal in this case involves identical issues with those decided by the court in People of the State of California v. United States, 9 Cir., 307 F.2d 341 .

The complaint, founded upon the Tort Claims Act, Section 1346(b), Title 28 U.S.C.A., alleges that agents and employees-of the Forest Service, Department of Agriculture, United States of America, while acting within the scope of their employment, negligently and carelessly set a forest fire on lands of the United States, which fire they negligently and carelessly permitted to escape and burn “into the State and District of Oregon,” as a proximate result of which negligence the plaintiffs were required to fight, control and extinguish said fire and expended the sum of $26,999.41 for such purpose, which sum they seek to recover against the United States.

Appellee filed a motion for summary judgment, on the grounds that the second amended complaint does not state a claim for which relief can be granted and that the court lacks jurisdiction of the subject matter of the action. The District Court found that a motion for summary judgment was not the proper manner in which to raise the question of the…