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ANDERSON v. U.S.

No. 93-56321.

55 F.3d 1379 (1995)

Allen ANDERSON; Heather Ayres; Hillary Ayres, by her guardian ad litem Karen Ayres; Karen Ayres, et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 4, 1995.

As Amended on Denial of Rehearing June 14, 1995.

Attorney(s) appearing for the Case

Ellen Lake, Oakland, CA, and Sean Brew, Corona & Balistreri, San Diego, CA, for plaintiffs-appellants.

Mark B. Stern, U.S. Dept. of Justice, Washington, DC, Michael A. Hirst, Asst. U.S. Atty., Sacramento, CA, for defendant-appellee.

Before: McKAY, REINHARDT, and FERNANDEZ, Circuit Judges.

FERNANDEZ, Circuit Judge:

Allen Anderson and others (Anderson) brought this action against the United States to recover for injuries and damages which they suffered when a controlled burn in a national forest escaped and burned their properties. The district court determined that the United States could not be held liable and granted summary judgment against Anderson. We reverse.

BACKGROUND

The United States Forest Service (USFS) and the California...

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