Hall v. United States, 6198.
| Citation | 274 F.2d 69 |
| Decision Date | 30 December 1959 |
| Docket Number | No. 6198.,6198. |
| Parties | Tom D. HALL, Appellant, v. UNITED STATES of America, Appellee. |
| Court | United States Courts of Appeals. United States Court of Appeals (10th Circuit) |
Derwood Knight, Albuquerque, N. M., (William J. Sullivan, Albuquerque, N. M., was with him on the brief), for appellant.
Sherman L. Cohn, Washington, D. C., (George Cochran, Doub, Asst. Atty. Gen., James A. Borland, Albuquerque, N. M., U. S. Atty., and Morton Hollander, Attorney, Department of Justice, Washington, D. C., were with him on the brief), for appellee.
Before HUXMAN, PICKETT and LEWIS, Circuit Judges.
This action was filed pursuant to the provisions of the Federal Tort Claims Act.1 It comes to us from a summary judgment dismissing the complaint with prejudice.
The complaint, in substance, alleges that plaintiff was engaged in the cattle business in New Mexico; that at the times material herein he owned approximately 333 head of livestock; that the United States, through its Department of Agriculture, Agricultural Research Division, Animal Disease Eradication Division, and its agents and employees, was engaged in testing livestock for the disease of Brucellosis; that they tested plaintiff's herd; that the results of the tests were made known to plaintiff; that they revealed that one or more of plaintiff's cattle was suffering from the disease; and that as a result of such report, his herd was subject to quarantine and that a sale was made at reduced prices. The petition alleges that, in truth and in fact, the tests as aforesaid were negligently performed by the agents, servants, and employees of the defendant, and that there were, in fact, no diseased cattle in the herd of livestock of the plaintiff, and that as the direct and proximate result of the negligence aforesaid, the plaintiff Tom D. Hall, was forced to dispose of his herd of livestock at less than the fair market value, all to his damage as set forth. The court predicated its judgment of dismissal on the ground that the damage alleged resulted from the imposition or establishment of a quarantine by the United States and that liability resulting from the establishment of a quarantine was excluded from the Act.
It is doubtful if the judgment can be sustained on the ground on which the judgment was based. There is nothing in the pleadings or in the record to sustain a finding that a quarantine was established. In fact, at the time of oral argument before the court, it was conceded that no quarantine had been established. The most that can be said is that because of this alleged erroneous test, plaintiff could not sell...
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