Bertie's Apple Valley Farms, an Idaho Corporation v. United States of America
Cases that cite this one
14 later published cases cite this decision. The 13 that cite it most often are listed here.
- Dunn & Black, P.S. v. United States (9th Cir. 2007)
- Dunn & Black Ps v. United States (9th Cir. 2007)
- Watson v. Chessman (United States District Court for the Southern District of California 2005)
- Kimberly Associates, an Idaho Limited Partnership v. United States (9th Cir. 2001)
- Koehler v. USA (5th Cir. 1998)
- Felkel v. United States (District Court, D. South Carolina 1994)
- Hughes v. United States (9th Cir. 1992)
- Bank of Hemet v. United States (9th Cir. 1981)
- David M. Cummings v. United States of America and Colonel James M. Sigler (5th Cir. 1981)
- Mead Corporation and Mead Digital Systems, Inc. v. United States of America (D.C. Cir. 1981)
- Mead Corp. v. United States (District Court, District of Columbia 1980)
- Bonan v. Talandis (New York Supreme Court 1980)
- Fidelity Federal Savings & Loan Ass'n v. United States (District Court, M.D. Tennessee 1978)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Plaintiffs sued in state court to quiet title to real and personal property. The government successfully petitioned under 28 U.S.C. § 1444 to remove to the district court where the action was dismissed.
The district court dismissed this action as one against the United States to which it had not consented. The United States is immune from suit except where it consents. United States v. Sherwood, 312 U.S. 584, 61 S.Ct. 767, 85 L.Ed. 1058 (1941). Plaintiff contends that Congress has given its consent to suit in this case in 28 U.S.C. § 2410, which provides in relevant part:
“ . . . the United States may be named a party in any civil action or suit in any district court, or in any State court having jurisdiction of the subject matter (1) to quiet title to . real or personal property on which the United States has or claims a mortgage or other lien.”
The United States does not claim a mortgage or other lien interest in the property involved herein. Rather, the United States claims title to the property, pursuant to an order of the Referee in Bankruptcy for the District of Idaho, who confirmed a sale by the trustee to the Small Business Administration. Congress in § 2410 did not consent to suits against the United States where the United States claims a title interest as distinguished from a lien interest. See Wells v. Long, 68 F.Supp. 671 (D.Idaho 1946) aff’d on other grounds, 162 F.2d 842 (9th Cir. 1947).
The order of the district court is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.