95 Cal. Daily Op. Serv. 5841, 95 Daily Journal D.A.R. 10,005, 95 Daily Journal D.A.R. 9979 Garry Will, D/B/A Will Logging and Construction v. United States

60 F.3d 656 95 Cal. Daily Op. Serv. 5841 , 95 Daily Journal D.A.R. 10,005, 95 Daily Journal D.A.R. 9979 Garry WILL, d/b/a Will Logging and Construction, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 93-36157. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 12, 1995. Decided July 26, 1995. Richard B. Price, Omak, WA, for plaintiff-appellant. Joseph H. Harrington, Asst. U.S. Atty., Spokane, WA, for defendant-appellee. Appeal from the United States District Court for the Eastern District of Washington. Before: WRIGHT and BRUNETTI, Circuit Judges, and GONZALEZ, * District Judge. PER CURIAM: 1 This case involves a claim by a logging contractor against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. Sec. 2671 et seq., for property damage sustained by his road grader while it was parked in a national forest. FACTS 2 During the summer of 1989, a timber sale and a ponderosa pine tree study required logging in the same area of the Colville National Forest in Washington state. The Forest Service had sold timber to a sawmill. The sawmill had contracted with Garry Will to cut and remove that timber. The Forest Service…