Emelwon, Inc. And Kaiel Thompson McAlister v. United States of America

GODBOLD, Circuit Judge.

Appellants sued the United States under the Federal Tort Claims Act, 28 U.S.C.A. § 1346(b), claiming damage done to their growing crops by negligent spraying from an airplane of the herbicide 2,4-D to eradicate water hyacinth and other noxious vegetation. At the close of the plaintiff’s case the district court directed a verdict for the United States on the ground that the State of Florida, which through its Game and Fresh Water Fish Commission carried out the spraying operations, was neither an agent nor an employee of the United States but was an independent…