Appley Bros. v. United States

JOHN R. GIBSON, Circuit Judge.

Appley Brothers appeal the district court’s dismissal of its action against the United States for losses as a result of the United States Department of Agriculture’s negligent inspection of the Bird Grain Company warehouse, a federally licensed grain warehouse. The district court held that it lacked subject matter jurisdiction because the claims were barred by both the discretionary function exception and the misrepresentation exception to the Federal Tort Claim Act. 28 U.S.C. § 2680(a), (h) (1988 & Supp.1993). Appley Brothers contend that the losses were caused…