Legal Opinion

Appley Bros. v. United States

District Court, D. South Dakota

Decided December 6, 1996No. CIV 92-4037Published

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

PIERSOL, District Judge!

Pending before the Court following a court trial are two issues: (1) whether sellers of grain to Bird Grain Elevator fall within the scope of the United States Warehouse Act to entitle them to damages from the United States in this action brought under the Federal Tort Claims Act, and (2) whether the United States is entitled to an offset against plaintiffs’ tort damages in this action for the interest amounts previously paid to plaintiffs on partial payments of their claims, either as a result of the federal liquidation of Bird Grain…

2Cases cited10 opinions

  1. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  2. In Re the Julien Company, Debtor. Oakland Gin Company, Inc. v. Jack Marlow, Trustee for the Julien CompanyCourt of Appeals for the Sixth Circuit · 1995
  3. Greater Baton Rouge Port Commission, and Cargill, Incorporated v. United States of America, and Federal Maritime BoardCourt of Appeals for the Fifth Circuit · 1961
  4. Arcon Construction Co. v. South Dakota Cement PlantSouth Dakota Supreme Court · 1987
  5. Honomichl v. ModlinSouth Dakota Supreme Court · 1991

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