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HERDEN v. U.S.

No. 11-3530.

726 F.3d 1042 (2013)

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

United States Court of Appeals, Eighth Circuit.

Filed: August 9, 2013.

Attorney(s) appearing for the Case

Jeff Howard Eckland , argued, Mark J. Blando , Daniel Julian Cragg , Minneapolis, MN, for Plaintiffs-Appellants.

Dana Joan Martin , argued, Sarah Williams , Lonnie F. Bryan , AUSA, J. Patrick Glynn , Director, Torts Branch, Christina Falk , David Fishback , Assistant Directors, Torts Branch, Gay Elizabeth Kang , Washington, D.C., on the brief, for Defendant-Appellee.

Before RILEY, Chief Judge, WOLLMAN, LOKEN, MURPHY, BYE, MELLOY, SMITH, COLLOTON, GRUENDER, BENTON, and SHEPHERD, Circuit Judges, En Banc.

BYE, Circuit Judge.

Greg Herden, Roger Herden, and Garrett Herden (the Herdens) sued the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346, 2671-80. They alleged their cattle operation suffered damage because of a seed mixture an employee of the United States Department of Agriculture (USDA) directed them to plant on their land. The district court1 dismissed the Herdens' claims, concluding the federal...

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