KIPF v. UNITED STATES

No. CV-78-68-BLG.

501 F.Supp. 110 (1980)

Kelsey D. KIPF and Kathy E. Kipf, Husband and Wife, Plaintiffs, v. UNITED STATES of America; Farmers Home Administration; Robert Bergland, in his capacity as Secretary of the United States Department of Agriculture; Gordon Cavanaugh, in his capacity as Administrator of the Farmers Home Administration, United States Department of Agriculture; Wallace B. Edland, in his capacity as State Director for Montana of the Farmers Home Administration, United States Department of Agriculture; Billie J. Burns, in his capacity as District Director of the Farmers Home Administration, United States Department of Agriculture; Evert J. Lovec, individually and in his capacity as County Supervisor for the Farmers Home Administration in Custer County, Montana, United States Department of Agriculture; and Mary Lou Falconer, individually and in her capacity as Assistant County Supervisor for the Farmers Home Administration in Custer County, Montana, United States Department of Agriculture, Defendants.

United States District Court, D. Montana, Billings Division.

October 8, 1980.


Attorney(s) appearing for the Case

William J. Miele, Montana Legal Services Ass'n, Miles City, Mont., Robert L. LaRoche, Mont. Legal Serv. Ass'n, Billings, Mont., for plaintiffs.

Lorraine D. Gallinger, Asst. U. S. Atty., Dist. of Mont., Billings, Mont., for defendants.


OPINION AND ORDER

BATTIN, Chief Judge.

The principal issue raised by this case is whether a plaintiff who received a Farmers Home Administration loan from the Department of Agriculture has a cause of action against the federal government and Department officials (a) for breach of contract or (b) for negligence. Because the cause of action for negligence is barred by United States v. Neustadt, 366 U.S. 696, 81 S.Ct....

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