Legal Opinion
Kipf v. United States
District Court, D. Montana
Decided October 8, 1980No. CV-78-68-BLGPublishedCited by 10 opinions
1Opinion of the Court
OPINION AND ORDER
BATTIN, Chief Judge.
The principal issue raised by this case is whether a plaintiff who received a Farmers Home Administration loan from the Department of Agriculture has a cause of action against the federal government and Department officials (a) for breach of contract or (b) for negligence. Because the cause of action for negligence is barred by United States v. Neustadt, 366 U.S. 696, 81 S.Ct. 1294, 6 L.Ed.2d 614 (1961), and the Federal Tort Claims Act, we conclude that the defendant’s motion to dismiss as to the negligence claim must be granted. Because of the uncertain…
2Cases cited20 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- United States v. TestanSupreme Court of the United States · 1976
- United States v. SherwoodSupreme Court of the United States · 1941
- Barr v. MatteoSupreme Court of the United States · 1959
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3Cited by10 opinions
- WVG v. Pacific InsuranceDistrict Court, D. New Hampshire · 1986
- Kenny v. Block (In Re Kenny)United States Bankruptcy Court, E.D. Michigan · 1987
- Curtis Hamre v. United StatesCourt of Appeals for the Eighth Circuit · 1986
- Gray v. RankinDistrict Court, S.D. Mississippi · 1989
- Park v. United StatesDistrict Court, D. Oregon · 1981
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