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APPLEY BROTHERS v. U.S.

No. 97-1902.

164 F.3d 1164 (1999)

APPLEY BROTHERS; Appley Farms, Inc.; Kevin Beerman; Tom Curry; Dakota Eastern, Ltd.; Hayes & Hayes, Inc.; Sam Hatton; Robert Hebeler; Dean Hebeler; Heckathorn Farms, Inc.; Curt Jervik; Dennis Kjose; Gordon Kleihauer; David Larsen; Morris Larsen; Todd Larsen; Lyle Lawrensen; Eldean Lykken; Lawrence McInerney; Martin McInerney; Daniel O'Connor; Kelly O'Connor; Owen Quall; Burnette Quam; Mark Quam; Lyle Wagner; Kaylor Grain Co.; Viborg Coop Elevator; Hurley Elevator; Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 15, 1999.

Attorney(s) appearing for the Case

Maria Simon, Washington, D.C. (Mark B. Stern, Frank W. Hunger, on the brief), for Appellant.

Jonathan K. Van Patten, Vermillion, SD (Glenn L. Roth, on the brief), for Appellee.

Before MCMILLIAN, JOHN R. GIBSON, and MAGILL, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

This Federal Tort Claims Act case based on negligent inspection of a grain warehouse is before us for the second time. In Appley Brothers v. United States, 7 F.3d 720 (8th Cir.1993) (Appley Brothers I), we reversed the district court's dismissal of Appley Brothers'1 suit. We ruled that Appley Brothers' claim was based on the U.S.D.A.'s breach of a mandatory...

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