WINCHELL v. U.S. DEPT. OF AGRICULTURE

No. CV 86-192-BLG-JFB.

790 F.Supp. 214 (1989)

Tom WINCHELL, Plaintiff, v. UNITED STATES DEPARTMENT OF AGRICULTURE, et al., Defendants.

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

January 23, 1989.


Attorney(s) appearing for the Case

Clifford Edwards, Edwards & Paoli, Billings, Mont., for plaintiff.

James Seykora, Elizabeth Strange, Torts Branch, U.S. Dept. of Justice, Washington, D.C., for defendant.


MEMORANDUM AND ORDER

BATTIN, Chief Judge.

The United States of America, acting through the United States Department of Agriculture, moves the Court for Summary Judgment, or in the alternative to dismiss the present action upon the ground that the plaintiff's Complaint fails to state a claim upon which relief can be granted under the Federal Tort Claims Act (FTCA). Upon careful consideration of the briefs submitted and the legal authority found therein, the...

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