John Adams v. United States

Fifth Circuit

John Adams v. United States

411 F.2d 603

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 22, 1969

Docket26890

StatusPublished

This text of 411 F.2d 603 (John Adams 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.

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John Adams v. United States, 411 F.2d 603 (5th Cir. 1969).

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Opinion

PER CURIAM:

The lower court, after full trial on the issues of liability, made findings of fact and conclusions of law to the effect that liability of the United States under the Federal Tort Claims Act 1 was not proven. We affirm.

In May, June and July of 1964 the United States Air Force at Eglin A. F. Base tested an aerial spraying apparatus designed for use in defoliation operations in Viet Nam. The tests were conducted at and over (at altitudes of 150 to 1000 feet) a 2000 foot grid at the air base. They involved spraying of herbicides known as 2,4-D and 2,4,5-T in a one to one ratio.

The claimants were cotton farmers whose farms were 25 to 35 miles distant from the field. Their crops suffered injury which was asserted to be caused by the spraying operations. The testimony, mostly by experts, was extensive, and the district judge was required to make a choice as to which experts, or groups of experts, to follow. He chose to credit in *604 the main the testimony of the expert witnesses who testified for the government. This choice, under the evidence, was permissible, and his findings are not demonstrated to be “clearly erroneous”. Rule 52(a) F.R.Civ.P. The judgment below is

Affirmed.

1

. Title 28, U.S.Code Sec. 1346(b) and Secs. 2671-2680.

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PER CURIAM:

The lower court, after full trial on the issues of liability, made findings of fact and conclusions of law to the effect that liability of the United States under the Federal Tort Claims Act 1 was not proven. We affirm.

In May, June and July of 1964 the United States Air Force at Eglin A. F. Base tested an aerial spraying apparatus designed for use in defoliation operations in Viet Nam. The tests were conducted at and over (at altitudes of 150 to 1000 feet) a 2000 foot grid at the air base. They involved spraying of herbicides known as 2,4-D and 2,4,5-T in a one to one ratio.

The claimants were cotton farmers whose farms were 25 to 35 miles distant from the field. Their crops suffered injury which was asserted to be caused by the spraying operations. The testimony, mostly by experts, was extensive, and the district judge was required to make a choice as to which experts, or groups of experts, to follow. He chose to credit in *604 the main the testimony of the expert witnesses who testified for the government. This choice, under the evidence, was permissible, and his findings are not demonstrated to be “clearly erroneous”. Rule 52(a) F.R.Civ.P. The judgment below is

Affirmed.

1

. Title 28, U.S.Code Sec. 1346(b) and Secs. 2671-2680.

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411 F.2d 603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-adams-v-united-states-ca5-1969.