R.R. James Ross C. James, Dba James Orchards v. United States

977 F.2d 589 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. R.R. JAMES; Ross C. James, dba James Orchards, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. No. 91-35638. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 19, 1992. Decided Oct. 2, 1992. Before EUGENE A. WRIGHT, BEEZER and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 This action was instituted to recover damages for injuries to the appellants' orchard in Grant County, Washington, as a result of a high groundwater table beneath the orchard. The district court granted the appellee's motion for summary judgment, holding in part that the discretionary function exception to the Federal Tort Claims Act, 28 U.S.C. § 1346 , precluded subject matter jurisdiction. 3 We must first decide whether the district court's order was an appealable final order under 28 U.S.C. § 1291 . In the order filed April 23, 1991, the court stated: "It is hereby ordered that ... [t]he…