John Bennett, State Farm Fire & Casualty Insurance Company, Intervenor-Appellee v. United States

53 F.3d 1080, 95 Daily Journal DAR 6020, 95 Cal. Daily Op. Serv. 3465, 1995 U.S. App. LEXIS 10287, 1995 WL 271509

Opinion

PER CURIAM:

John Bennett and others sued the United States pursuant to the Federal Tort Claims Act. They alleged that the United States was negligent in controlling a forest fire that broke out in the Toiyabe National Forest, as a result of which they suffered damages. The district court denied the government’s motion for summary judgment, and this appeal ensued.

We affirm for the reasons set forth in our opinion in Anderson v. United States, 55 F.3d 1379 (9th Cir.1995). We recognize that in Anderson it was alleged that the United States Forest Service both negligently set and negligently controlled the fire on its land, whereas here the claim is merely negligent control. However, as Anderson indicates, that is a distinction without a difference.

AFFIRMED.