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ORTIZ v. UNITED STATES

No. 80-1377.

661 F.2d 826 (1981)

Albert and Juanita ORTIZ, Plaintiffs-Appellants, v. UNITED STATES of America, Department of Agriculture, Farmers Home Administration; Robert Bergland, in his capacity as Secretary of Agriculture; Gordon Cavanah, in his capacity as Administrator of the Farmers Home Administration, United States Department of Agriculture; David King, in his capacity as State Director for New Mexico of the Farmers Home Administration, United States Department of Agriculture; David Radley, in his former capacity as District 1 Director, Farmers Home Administration, United States Department of Agriculture; Tom C. Ramsey, individually and in his capacity as County Supervisor for Taos County, New Mexico for the Farmers Home Administration, United States Department of Agriculture; and Rocky Langley, individually and in his capacity as Assistant County Supervisor for Taos County, New Mexico, for the Farmers Home Administration, United States Department of Agriculture; and George Visarraga, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided September 2, 1981.

Attorney(s) appearing for the Case

Timothy Meehan, Taos, N. M. (Robert Crollett, Albuquerque, N. M., with him on the brief), for plaintiffs-appellants.

R. E. Thompson, U. S. Atty., Albuquerque, N. M. (Margo J. McCormick, Asst. U. S. Atty., Albuquerque, N. M., with him on the brief), for defendants-appellees.

Before BARRETT and LOGAN, Circuit Judges, and CHILSON, District Judge.

BARRETT, Circuit Judge.

The issue presented in this case is whether a borrower from the Farmers Home Administration for purpose of effecting repairs to a rural residence has any cause of action against the United States and/or its agents under the Federal Tort Claims Act, the Tucker Act or 28 U.S.C.A. § 1337 (which vests jurisdiction in an action arising under an Act of Congress regulating commerce) by virtue of alleged acts of negligence in failing to supervise...

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