Bub Davis Packing Co., Inc. v. United States

Fifth Circuit

Bub Davis Packing Co., Inc. v. United States

584 F.2d 116, 1978 U.S. App. LEXIS 7650

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 17, 1978

Docket78-1236

StatusPublished

Cited by1 cases

This text of 584 F.2d 116 (Bub Davis Packing Co., Inc. v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bub Davis Packing Co., Inc. v. United States, 584 F.2d 116, 1978 U.S. App. LEXIS 7650 (5th Cir. 1978).

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Opinion

PER CURIAM:

Agents of the United States Department of Agriculture seized certain meat from the plant of Appellant, Bub Davis Packing Company, Inc., and the plant was forced to close for a period of approximately twenty four hours when the Government inspectors were withdrawn. Appellant brought suit under the Federal Tort Claims Act. 28 U.S.C.A. §§ 2671-2680. The suit was tried before the District Court, without a jury, and, after considering all the evidence and arguments of the parties, the District Court entered a judgment based upon a detailed Memorandum Opinion. Bub Davis Packing Co., Inc. v. United States, 443 F.Supp. 589 (W.D.Tex.1977).

After careful consideration of the record on appeal and the parties’ arguments, we affirm the judgment appealed from. Since the District Court’s holding regarding the “Due Care” provision of 28 U.S.C.A. § 2680(a) provides a sufficient basis for the resolution of the jurisdictional issues, we affirm that issue solely on that basis. Id. at 593, Part III.A. We expressly do not reach the alternative jurisdictional issue under the “Discretionary Function” exception of 28 U.S.C.A. § 2680(a). Id. at 593-95, Part III.B.

AFFIRMED.

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PER CURIAM:

Agents of the United States Department of Agriculture seized certain meat from the plant of Appellant, Bub Davis Packing Company, Inc., and the plant was forced to close for a period of approximately twenty four hours when the Government inspectors were withdrawn. Appellant brought suit under the Federal Tort Claims Act. 28 U.S.C.A. §§ 2671-2680. The suit was tried before the District Court, without a jury, and, after considering all the evidence and arguments of the parties, the District Court entered a judgment based upon a detailed Memorandum Opinion. Bub Davis Packing Co., Inc. v. United States, 443 F.Supp. 589 (W.D.Tex.1977).

After careful consideration of the record on appeal and the parties’ arguments, we affirm the judgment appealed from. Since the District Court’s holding regarding the “Due Care” provision of 28 U.S.C.A. § 2680(a) provides a sufficient basis for the resolution of the jurisdictional issues, we affirm that issue solely on that basis. Id. at 593, Part III.A. We expressly do not reach the alternative jurisdictional issue under the “Discretionary Function” exception of 28 U.S.C.A. § 2680(a). Id. at 593-95, Part III.B.

AFFIRMED.

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Bluebook (online)

584 F.2d 116, 1978 U.S. App. LEXIS 7650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bub-davis-packing-co-inc-v-united-states-ca5-1978.

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