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PRESTON v. UNITED STATES

No. 81-1165.

696 F.2d 528 (1982)

Robert L. PRESTON, et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 29, 1982.

Attorney(s) appearing for the Case

Hamilton Smith, McDermott, Will & Emery, Chicago, Ill., for plaintiffs-appellants.

Krista M. Ralston, Asst. U.S. Atty., Frank M. Tuerkheimer, U.S. Atty., Madison, Wis., for defendant-appellee.

Before CUMMINGS, Chief Judge, CUDAHY, Circuit Judge, and CAMPBELL, Senior District Judge.

WILLIAM J. CAMPBELL, Senior District Judge.

Plaintiffs, Robert Preston, et al., appeal from an order of dismissal entered by the district court at the conclusion of their evidence in a non-jury trial. The plaintiffs had sought to prove that the United States Department of Agriculture (and certain subordinate agencies thereof) had converted grain owned by the plaintiffs and was therefore liable under the Federal Torts Claims Act (FTCA), 28 U.S.C. § 1346(b). After...

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