APPLEY BROS. v. U.S.

No. 92-3382.

7 F.3d 720 (1993)

APPLEY BROTHERS; Appley Farms, Inc.; Kevin Beerman; Tom Curry; Dakota Eastern, Ltd.; Raymond Hall; Hayes & Hayes, Inc.; Sam Hatton; Robert Hebeler; Dean Hebeler; Heckathorn Farms, Inc.; Curt Jervik; Dennis Kjose; Gordon Kleihauer; David Larsen; Morris Larsen; Todd Larsen; Lyle Lawrensen; Eldean Lykken; Martin McInerney; Lawrence McInerney; Daniel O'Connor; Kelly O'Connor; Owen Quall; Mark Quam; Lyle Wagner; Kaylor Grain Co.; Viborg Coop Elevator; Hurley Elevator; Transamerica Insurance Company; Burnette Quam, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 13, 1993.

Rehearing Denied December 15, 1993.


Attorney(s) appearing for the Case

Jonathan VanPatten, Vermillion, SD, argued, for plaintiffs-appellants.

Bertha Mitrani, Washington, DC, argued, for defendant-appellee.

Before JOHN R. GIBSON, Circuit Judge, ROSS, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.


JOHN R. GIBSON, Circuit Judge.

Appley Brothers appeal the district court's dismissal of its action against the United States for losses as a result of the United States Department of Agriculture's negligent inspection of the Bird Grain Company warehouse, a federally licensed grain warehouse. The district court held that it lacked subject matter jurisdiction because the claims were barred by both the discretionary function exception and the misrepresentation exception...

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