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HERDEN v. U.S.

No. 11-3530.

688 F.3d 467 (2012)

Greg HERDEN; Roger Herden; Garrett Herden, Plaintiffs-Appellants v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 20, 2012.

Attorney(s) appearing for the Case

Jeff Howard Eckland , argued, Mark J. Blando , Daniel Julian Cragg , on the brief, Minneapolis, MN, for appellant.

Sarah Williams , argued, Lonnie F. Bryan , AUSA, J. Patrick Glynn , Director, Torts Branch, Cristina Falk , David Fishback , Assistant Directors, Torts Branch, Gay Elizabeth Kang , on the brief, Washington, DC, for appellee.

Before RILEY, Chief Judge, BYE and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

Plaintiff cattle producers appeal the district court's dismissal of their Federal Tort Claims Act (FTCA) complaint. Plaintiffs allege a government employee negligently caused illness and death within their cattle herd by mandating a toxic plant mixture on pasture land enrolled in a conservation program. The district court held the allegation of negligence involved the government employee's exercise of protected discretion and therefore fell...

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