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ADAMS v. U.S.

Case No. CV-03-49-E-BLW.

622 F.Supp.2d 996 (2009)

Timm ADAMS, et al., Plaintiffs, v. UNITED STATES of America, et al., Defendants.

United States District Court, D. Idaho.

April 1, 2009.

Attorney(s) appearing for the Case

Amanda K. Brailsford, Steven B. Andersen, Tracy Jack Crane, Walter H. Bithell, Holland & Hart, Boise, ID, Douglas L. Abbott, Holland & Hart, Denver, CO, for Plaintiffs.

Christina M. Falk, Brian E. Bowcut, Dawn Dollar, Gay Elizabeth Kang, Henry Thomas Miller, Ina L. Strichartz, Julia Anne Bruzina, Margaret Jane Mahoney, Sarah Williams, Wagner Dupont Jackson, US Department of Justice, Geoffrey Charles Cook, Environmental Tort Litigation, Washington, DC, Robert C. Grisham, US Attorney's Office, Boise, ID, for Defendants.

Peter C. Houtsma, Holland & Hart, Denver, CO, for Plaintiffs*Defendants.

MEMORANDUM DECISION AND ORDER

B. LYNN WINMILL, Chief Judge.

INTRODUCTION

The Court has before it eight pre-trial motions. The Court heard oral argument on March 18, 2009, and took the motions under advisement. The Court's resolution of each motion is set forth below.

ANALYSIS

Jurisdiction—Discretionary Function Immunity

The BLM challenges this Court's subject...

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