Edward and Sandra Bennett v. United States

974 F.2d 1341 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Edward and Sandra BENNETT, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. No. 90-56376. United States Court of Appeals, Ninth Circuit. Submitted July 7, 1992. * Decided Sept. 2, 1992. 1 Before SNEED and D.W. NELSON, Circuit Judges, and WANGER ** , District Judge. 2 MEMORANDUM *** 3 Plaintiffs/appellants Edward and Sandra Bennett sued defendant/appellee United States pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346 , 2671 et. seq. alleging that tortious conduct of the Farmers Home Administration ("FmHA") during a series of loan transactions caused loss to their rabbit ranching business. Four claims were asserted: breach of fiduciary duty, negligence, duress and undue influence, and breach of the implied duty of good faith and fair dealing. The District Court dismissed the complaint for lack of subject matter jurisdiction. The District Court rejected…