Cameron

ORDER

The memorandum disposition filed August 30,1993, is redesignated as an authored opinion by Judge Wiggins.

OPINION

Gary Cameron, d/b/a Cameron Nursery (“Cameron”), and Fred Nyberg, d/b/a Yakima Valley Nursery (“Nyberg”) ■ (collectively referred to as “the Nurseries”), sued Paramount Services, Inc., (“Paramount”) and the United States for damages resulting from Paramount’s failure to aerate properly the Nurseries’ apple root stock following fumigation with methyl bromide. Paramount cross-claimed against the United States for indemnity and contribution, claiming that the Plant Protection and Quarantine Division (“PPQ”) *824 of the United States Department of Agriculture (“USDA”) was solely responsible for ensuring proper aeration. Following a bench trial, the district court found Paramount and the United States jointly and severally liable in the amounts of $250,378.48 to Cameron and $51,887.50 to Nyberg. The district court also apportioned fault evenly between Paramount and the United States under Washington law. Paramount and the United States appeal. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the judgment against Paramount and reverse the judgment…