Dennis Ellis v. Hanson Natural Resources Company United States of America

70 F.3d 1278 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dennis ELLIS, Plaintiff-Appellant, v. HANSON NATURAL RESOURCES COMPANY; United States of America, Defendants-Appellees. No. 94-35682. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 15, 1995. Decided Nov. 30, 1995. Before: BROWNING, RYMER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Dennis Ellis appeals the district court's grant of summary judgment in favor of Hanson Natural Resources Company and the United States. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 * Ellis argues that the district court erred in holding that Oregon's Public Recreational Use of Private Lands Act, ORS 105.655 et seq., immunizes a landowner such as Hanson, which did not open its land to the public for recreational use. He contends that ORS 105.665(1) implicitly incorporates ORS 106.665(2) and applies only to landowners who invite or permit recreational use…