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  5. 738 F.Supp. 380 (1990)
 

DEFREES v. U.S., THROUGH U.S. FOREST SERVICE

No. 88-868 RE.

738 F.Supp. 380 (1990)

Ellen L. DEFREES, A. Lyle Defrees and Lowell K. Defrees, Plaintiffs, v. UNITED STATES of America, Acting through the UNITED STATES FOREST SERVICE, Defendant.

United States District Court, D. Oregon.

April 10, 1990.

Attorney(s) appearing for the Case

Robert J. Neuberger, Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland, Or., A.J. Schmeits, Baker, Or., for plaintiffs.

Charles H. Turner, U.S. Atty., Dist. of Oregon, James L. Sutherland, Asst. U.S. Atty., Eugene, Or., for defendant.

OPINION

REDDEN, District Judge.

Plaintiffs Ellen, Lyle, and Lowell Defrees bring this action under the Federal Tort Claims Act alleging that defendant United States Forest Service negligently failed to suppress a forest fire that damaged their property. The parties agreed to bifurcate trial of liability and damages. The liability phase was tried to the court on March 27 and 28, 1990. I find that defendant is not liable for plaintiffs' damages.

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