Legal Opinion
Appley Brothers v. United States
Court of Appeals for the Eighth Circuit
Decided January 15, 1999No. 97-1902PublishedCited by 7 opinions
1Opinion of the Court
JOHN R. GIBSON, Circuit Judge.
This Federal Tort Claims Act case based on negligent inspection of a grain warehouse is before us for the second time. In Appley Brothers v. United States, 7 F.3d 720 (8th Cir.1993) (Appley Brothers I), we reversed the district court’s dismissal of Appley Brothers’ 1 suit. We ruled that Appley Brothers’ claim was based on the U.S.D.A.’s breach of a mandatory duty, and therefore jurisdiction of the suit was not barred by the discretionary function exception to the F.T.C.A. We remanded the case to the district court and, after developing a factual record…
2Cases cited20 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- United States v. GaubertSupreme Court of the United States · 1991
- Berkovitz v. United StatesSupreme Court of the United States · 1988
- United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
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3Cited by7 opinions
- Sloan v. United States Department of Housing & Urban DevelopmentCourt of Appeals for the D.C. Circuit · 2001
- Lee A. Barnes, Jr. v. United StatesCourt of Appeals for the Eighth Circuit · 2006
- Lucas Riley v. United StatesCourt of Appeals for the Eighth Circuit · 2007
- Audio Odyssey, Ltd. v. United StatesCourt of Appeals for the Eighth Circuit · 2001
- Appley Brothers v. United StatesCourt of Appeals for the Eighth Circuit · 1999
2 more not listed; retrieve them via the Exa API.