Legal Opinion

Gardner v. Stager

Court of Appeals for the Ninth Circuit

Decided December 26, 1996No. 95-16471PublishedCited by 13 opinions

1Opinion of the Court

CHOY, Circuit Judge:

Cliff and Bertha Gardner (“Gardners”) appeal from the district court’s Fed.R.Civ.P. 12 dismissal of their quiet title action for grazing rights on land located in the Humboldt National Forest. We affirm.

Factual and Procedural Background

Cliff and Bertha Gardner own a cattle ranch in the Ruby Valley, Elko County, Nevada. The ranch is near the Humboldt National Forest. The Gardners and their predecessors in interest have grazed livestock on the federal forest land for many years.

Gardners how seek to quiet title to the right to graze cattle and to certain water rights on the…

2Cases cited8 opinions

  1. Dugan v. RankSupreme Court of the United States · 1963
  2. Block v. North Dakota Ex Rel. Board of University & School LandsSupreme Court of the United States · 1983
  3. Lehman v. NakshianSupreme Court of the United States · 1981
  4. Daniel DILLEY, Plaintiff-Appellee, v. Bryan S. GUNN, Warden; Norma Wells; Sgt. Butler; B. Schelke, Defendants-AppellantsCourt of Appeals for the Ninth Circuit · 1995
  5. Arizona v. San Carlos Apache Tribe of Ariz.Supreme Court of the United States · 1983

3 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Wagoner County Rural Water District No. 2 v. Grand River Dam AuthorityCourt of Appeals for the Tenth Circuit · 2009
  2. Fent v. Oklahoma Water Resources BoardCourt of Appeals for the Tenth Circuit · 2000
  3. McMaster v. United StatesCourt of Appeals for the Eleventh Circuit · 1999
  4. Thompson v. PaulDistrict Court, D. Arizona · 2009
  5. Duval Ranching Co. v. GlickmanDistrict Court, D. Nevada · 1997

8 more not listed; retrieve them via the Exa API.

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