United States v. Alton Morrell, United States of America v. Nick Chournos, (Two Cases)

BREITENSTEIN, Circuit Judge.

The problems of the open range are with us again. Plaintiffs-appellees sued under the Federal Tort Claims Act 1 to recover for trespasses on their lands by stock of the holders of permits under the Taylor Grazing Act. 2 The claims are that federal officials aided and abetted the trespasses. The government says, among other things, that the officials did no more than issue the permits and that such actions are the exercise of discretionary functions for which no recovery is allowed. 3 Trial was to the court. Morrell recovered judgment for $97,500 and Choumos for…