Mendenhall v. Kusicko

857 F.2d 1378 David L. MENDENHALL, Petitioner-Appellant, v. Richard KUSICKO and U.S. Forest Service, (Pierce Ranger District, Kamiah, Idaho), Respondents-Appellees, and United States Department of Agriculture, Real-Party-in-Interest. No. 87-4048. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1988 * . Decided Sept. 29, 1988. David L. Mendenhall, Kooskia, Idaho, in pro. per. Jeffery W. Ring, Asst. U.S. Atty., Boise, Idaho, for respondents-appellees. Appeal from the United States District Court for the District of Idaho. Before BROWNING, HUG and BEEZER, Circuit Judges. PER CURIAM: 1 David L. Mendenhall appeals the district court's dismissal for lack of subject matter jurisdiction of his claim for breach of two timber sales contracts against Richard Kusicko, a contracting officer employed by the United States Forest Service ("Forest Service"). He contends that the district court erred by dismissing his breach of contract action under the Contract Disputes Act ("CDA"), 41 U.S.C. Secs. 601-613 , because his claim against the Forest Service is actually constitutional, not contractual, in nature. 2 Mendenhall's claim against the Forest Service is subject to the CDA…