APPLEY BROTHERS, et al., Plaintiffs,
v.
UNITED STATES of America, Defendant.
UNITED STATES of America, Plaintiff,
v.
TRANSAMERICA INSURANCE CO., Defendant.
United States District Court, D. South Dakota, Southern Division.https://leagle.com/images/logo.png
April 12, 1996.
April 12, 1996.
Attorney(s) appearing for the Case
John J. Ulrich, U.S. Attorney's Office, Sioux Falls, SD, Bertha R. Mitrani, U.S. Dept. of Justice, Torts Branch, Civil Division, Washington, DC, Peter Bonner, International Affairs, Department of Agriculture, Office of General Counsel, Washington, DC, for U.S.
James M. Cremer, Bantz, Gosch, Cremer, Peterson & Sommers, Aberdeen, SD, for Transamerica Insurance.
Jonathan K. VanPatten, Vermillion, SD, for Appley Brothers.
Glenn L. Roth, Freeman, SD, for Kaylor Grain Co., Inc.
United States District Court, D. South Dakota, Southern Division.
MEMORANDUM OPINION AND ORDER
PIERSOL, District Judge.
Plaintiffs1 bring this suit for damages, CIV 92-4037, against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680. Before the Court for ruling are the government's Motion to Dismiss or, Alternatively, For Summary Judgment and plaintiffs' Motion for Partial Summary Judgment on liability. For the reasons discussed below, the Court denies...
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