State of Idaho v. United States Department of Army, Corps of Engineers

666 F.2d 444 STATE OF IDAHO, ex rel. Gordon C. TROMBLEY, Director, Department of Lands and Clearwater-Potlatch Timber Protective Association, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF the ARMY, CORPS OF ENGINEERS; and Kelly White dba White Construction Company, Defendants-Appellees. No. 80-3415. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 7, 1981. Decided Jan. 28, 1982. L. Mark Riddoch, Deputy Atty. Gen., Boise, Idaho, for plaintiffs-appellants. Jerry V. Smith, Lewiston, Idaho, Susan Engelman, Dept. of Justice, Washington, D. C., for defendants-appellees. Appeal from the United States District Court for the District of Idaho. Before KILKENNY and GOODWIN, Circuit Judges, and TANNER, * District Judge. KILKENNY, Circuit Judge: FACTS 1 In 1968, the State of Idaho and the United States Army Corps of Engineers (Corps) entered into a fire suppression agreement. The United States paid an annual fee in return for Idaho's obligation, inter alia, to provide a system of fire protection for specified federal land in Idaho. The agreement contained the following clause: 2 "Article 4. Release of Claims for Damage 3 In consideration of the mutual benefits…