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Montana Federal Reports

a citable reporter of civil opinions and bench judgments from the Montana U.S. District Courts.

Schurg et al v. US

May 3, 2022 By lilly

WILDFIRE LIABILITY: Negligence/intentional tort claims by landowners relating to FS’ communication decisions (or lack thereof) as to firing operations precluded by FTCA discretionary function exception… FS also had the legal right to conduct firing operations on out-of-state owner’s non-residential property, it did not intend for fire to travel or remain (trespass) on the properties, any emotional distress Plaintiffs suffered not “serious or severe”… Molloy.

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