In an action against the U.S. for encroachment onto plaintiffs' easement, the dismissal of the action for lack of subject matter jurisdiction under the Quiet Title Act is vacated where the district court needed to determine whether plaintiffs could assert jurisdiction under the Federal Tort Claims Act.
Read Robinson v. US, No. 07-17052
Appellate Information
Argued and Submitted April 17, 2009
Filed November 2, 2009
Judges
Opinion by Judge Nelson
Counsel
For Appellants:
Joseph P. Mascovich, Randolph Cregger & Chalfant LLP, Sacramento, CA
For Appellee:
Tamara N. Rountree, Environment & Natural Resources Division, U.S. Department of Justice, Washington, DC