Hi-Ridge Lumber Company v. United States

443 F.2d 452 HI-RIDGE LUMBER COMPANY, a corporation, Plaintiff-Appellant, v. UNITED STATES of America, Orville Freeman, Secretary of Agriculature, and Employees of the United States Department of Agriculture, Defendants-Appellees. No. 24344. United States Court of Appeals, Ninth Circuit. May 28, 1971, Rehearing Denied June 29, 1971. Michael T. Hennessy (argued), Yreka, Cal., for plaintiff-appellant. Michael C. Farrow, Asst. U.S. Atty., (argued), Dwayne Keyes, U.S. Atty., Sacramento, Cal., William D. Ruckelshaus, Asst. Atty. Gen., Alan S. Rosenthal, Walter H. Fleischer, Attys., Dept. of Justice, Washington, D.C., for defendants-appellees. Before BARNS and DUNIWAY, Circuit Judges, and GRAY, District Judge. * BARNES, Circuit Judge: 1 Appellant, Hi-Ridge Lumber Company (hereinafter Hi-Ridge), appeals from an entry by the district court of a summary judgment granted in favor of the United States and other defendants. That action was commenced by Hi-Ridge under authority of 28 U.S.C. Section 1361 , seeking an order in the nature of mandamus to compel the United States Forest Service to award appellant a contract for sale of timber in the Rogue River National Forest. Our jurisdiction…