Fence Creek Cattle Co. v. United States Forest Service

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 cancelled portions of Fence Creek’s livestock grazing permit.

The Forest Service issued a term grazing permit to Fence Creek on…