Belue v. State

An action was brought by the plaintiffs alleging negligence and maintaining a public or private nuisance. The District court entered summary judgment for the defendants with respect to such claims and the plaintiffs appeal.

The sole issue before the Court is whether the facts as developed on a motion for summary judgment show that a burning slag pile constituted the foreseeable risk of forest and range fire.

The District Court made its decision to grant summary judgment to defendants on the basis of some ten depositions, affidavits and other documents submitted to it. Those depositions and…