Green v. United States

629 F.2d 581 Raymond GREEN, Irvin Green, Larry Campbell, William Kuehne, Don McClure, Norman McClure, Stuart Petersen, Reuben R. Depner, Mike Harrington, and Wandon Ashby, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. No. 78-2739. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 13, 1980. Decided Oct. 2, 1980. Patrick B. Cerutti, Spokane, Wash., for plaintiffs-appellants. Carroll D. Gray, Asst. U. S. Atty., Spokane, Wash., for defendant-appellee. Appeal from the United States District Court for the Eastern District of Washington. Before BROWNING, SNEED and CANBY, Circuit Judges. SNEED, Circuit Judge: 1 Appellants brought suit under the Federal Tort Claims Act, 28 U.S.C. § 2674 (1976) ("FTCA"), for economic losses resulting from the application of DDT to federal grazing lands upon which appellants' cattle were grazing. The district court ruled that appellants' tort claims were barred by the misrepresentation and discretionary function exceptions to the FTCA. 28 U.S.C. § 2680 (a) and (h) (1976). We affirm. I. FACTS 2 Appellants, who held grazing permits issued by the Bureau of Indian Affairs, pastured cattle during the…