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RICH PRODUCTS CORP. v. U.S.

Civ. No. S-91-1401 DFL GGH.

804 F.Supp. 1270 (1992)

RICH PRODUCTS CORPORATION, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, E.D. California.

July 31, 1992.

Attorney(s) appearing for the Case

Martin H. Orlick, Tobin and Tobin, Walnut Creek, Cal., for plaintiff.

Joyce A. Vermeersch, Asst. U.S. Atty., Sacramento, Cal., and Bertha R. Mitrani, U.S. Dept. of Justice, Washington, D.C., for defendant.

MEMORANDUM OF DECISION AND ORDER

LEVI, District Judge.

Plaintiff Rich Products Corporation ("Rich Products") sues the United States for negligence, claiming that the United States Department of Agriculture ("USDA") either failed to inspect or improperly inspected Rich Products' frozen fruit. The government moves to dismiss for lack of subject-matter jurisdiction on the basis that Rich Products' claim is barred by the misrepresentation exception to the Federal...

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