S&K Trading Consult v. US, No. 07-1157 (4th Cir. 2007)

Annotate this Case

Download PDF

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-1157 S & K TRADING & CONSULTING, INCORPORATED, Plaintiff - Appellant, versus UNITED STATES OF AMERICA; DEPARTMENT OF AGRICULTURE, UNITED STATES Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Andre M. Davis, District Judge. (1:06-cv-01316-AMD) Submitted: July 31, 2007 Decided: November 21, 2007 Before MICHAEL, MOTZ, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Thomas S. Hood, HOOD & SCHOLNICK, P.A., Towson, Maryland, for Appellant. Rod J. Rosenstein, United States Attorney, Neil R. White, Assistant United States Attorney, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: S & K Trading & Consulting, Inc. ( S & K ) appeals the district court s order granting Defendants motion to dismiss its claim brought pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 (2000) ( FTCA ). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See S & K Trading & Consulting, Inc. v. United States, No. 1:06-cv-01316-AMD (D. Md. Feb. 6, 2007). Even if S & K s claim was not barred by the FTCA s misrepresentation exception, its claim would nonetheless fail since S & K is unable to establish that Defendants owed to it an actionable duty under the FTCA. See 28 U.S.C. § 2674 (2000) (providing that the Government shall be liable in the same manner and to the same extent as a private individual under like circumstances ); see also United States v. Smith, 395 F.3d 516, 519 (4th Cir. 2005) (holding that this court may affirm on any grounds apparent from the record ). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED - 2 -

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.