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FENCE CREEK CATTLE CO. v. U.S. FOREST SERVICE

No. 08-36051.

602 F.3d 1125 (2010)

FENCE CREEK CATTLE COMPANY, an Oregon partnership; Gazelle Land and Timber, LLC, an Oregon limited liability company; King Williams; Michael G. Smith, Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE, an agency of the United States; Mary Deaguero, in her official capacity as District Ranger, Eagle Cap-HCNRA District, Wallowa-Whitman National Forest; Barbara Walker, in her official capacity as District Ranger, Wallowa Valley District, Wallowa-Whitman National Forest, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 26, 2010.

Attorney(s) appearing for the Case

Paul A. Turcke, Moore Smith Buxton & Turcke, Chartered, Boise, ID, for the plaintiffs-appellants.

Kurt G. Kastorf (argued) and David Shilton, U.S. Department of Justice Environment & Natural Resources Division, and John C. Cruden, Assistant Attorney General, for the defendants-appellees.

Before RICHARD A. PAEZ, RICHARD C. TALLMAN, and MILAN D. SMITH, JR., Circuit Judges.

TALLMAN, Circuit Judge:

The issue in this case boils down to a simple question: Where's the beef? Plaintiff-Appellant Fence Creek Cattle Company ("Fence Creek") claimed that it had purchased over 1,500 head of cattle from the former owner, which it wished to continue grazing on federal land. But, when questioned by the United States Forest Service ("Forest Service"), Fence Creek could not sufficiently prove that it owned the cattle. Consequently, the Forest Service...

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