113530P.pdf   08/09/2013  Greg Herden  v.  United States
   U.S. Court of Appeals Case No:  11-3530
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Bye, Author, for the Court En Banc] 
   Civil case - Federal Tort Claims Act. In a suit claiming plaintiffs' 
   cattle operations were damaged because of a seed mixture an employee of 
   the U.S. Department of Agriculture directed plaintiffs to use on their 
   property, the district court did not err in concluding the employee's 
   conduct fell within the Federal Tort Claims Act's discretionary function 
   exception. Judge Melloy, with whom Chief Judge Riley and Judge Shepherd 
   join, dissenting. 
  
113530P.pdf   08/20/2012  Greg Herden  v.  United States
   U.S. Court of Appeals Case No:  11-3530
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Melloy, Author, with Riley, Chief Judge, and Bye,
   Circuit Judge]
   Civil case - Federal Tort Claims Act. In an action alleging a
   government employee negligently caused death and illness within
   plaintiffs' cattle herd by mandating a toxic plant mix on pasture land
   enrolled in a conversation, the district court erred in granting the
   government's motion for summary judgment; while the official's
   selection of a seeding plan was discretionary, the decision was not based
   on the kind of policy-based and economic-based factors Congress
   intended to protect under the discretionary function exception. Judge Bye,
   dissenting.