Appley Bros. v. United States

MEMORANDUM OPINION AND ORDER

PIERSOL, District Judge.

Plaintiffs 1 bring this suit for damages, CIV 92-4087, against the United States under the Federal Tort Claims Act. (FTCA), 28 U.S.C. §§ 2671-2680. Before the Court for-lading 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 the government’s motion for summary judgment and grants plaintiffs’ motion for partial summary judgment on the issue of liability.

Plaintiffs brought this áction in 1992. The…