Carolinas Cotton Growers Association, Inc. v. The United States of America and John R. Block, Secretary of Agriculture

MICHAEL, District Judge:

This case is before the court on appeal from the action of the court below in granting a Rule 12(b) motion to dismiss filed by the United States, defendant below. The issue presented may be stated in its simplest fashion as follows: Was the court below correct in finding that, under the facts presented by the pleadings in this case the cause of action presented was the tort of misrepresentation, thus falling within the exception under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., (hereinafter “FTCA”), for “misrepresentation”?

I

The facts of the case are…