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CAMERON v. JANSSEN BROS. NURSERIES, LTD.

Nos. 91-36307, 91-36346.

7 F.3d 821 (1993)

Gary CAMERON, dba Cameron Nursery; Cameron Nursery; Fred Nyberg; Yakima Valley Nursery, Plaintiffs-Appellees, v. JANSSEN BROS. NURSERIES, LTD., a foreign corporation, Defendant, and PARAMOUNT SERVICES, INC., a corporation, Defendant-Appellee, v. UNITED STATES of America, Defendant-Appellant. Gary CAMERON, dba Cameron Nursery; Fred Nyberg, dba Yakima Valley Nursery, Plaintiffs-Appellees, v. JANSSEN BROS. NURSERIES, LTD., a foreign corporation; United States of America, Defendants, and Paramount Services, Inc., dba Paramount Pest Control, a corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Memorandum Decided August 30, 1993.

Order and Opinion Decided October 12, 1993.

Attorney(s) appearing for the Case

Katherine Gruenheck, U.S. Dept. of Justice, Washington, DC, for defendant-appellant-cross-respondent-appellee.

Diehl R. Rettig, Raekes, Rettig, Osborne, Forgette & O'Donnell, Kennewick, WA, for plaintiffs-appellees.

Richard E. Hayes, Chase, Haskell, Hayes & Kalamon, Spokane, WA, for defendant-appellee.

Before: CANBY, WIGGINS, and T.G. NELSON, Circuit Judges.

ORDER

The memorandum disposition filed August 30, 1993, is redesignated as an authored opinion by Judge Wiggins.

OPINION

WIGGINS, Circuit Judge:

Gary Cameron, d/b/a Cameron Nursery ("Cameron"), and Fred Nyberg, d/b/a Yakima Valley Nursery ("Nyberg") (collectively referred to as "the Nurseries"), sued Paramount Services, Inc., ("Paramount") and the United States for damages resulting from Paramount's failure to aerate properly the Nurseries...

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