Legal Opinion
Frank Tippett and Judy Rand v. United States of America and Robert Lowe, Dba Best Adventures
Court of Appeals for the Tenth Circuit
Decided March 10, 1997No. 95-8080PublishedCited by 87 opinions
1Opinion of the Court
BRISCOE, Circuit Judge.
The district court dismissed plaintiffs’ claims brought, under the Federal Tort Claims Act, (FTCA) 28 U.S.C. §§ 1346(b) and 2671-80, for lack of subject matter jurisdiction, finding that the discretionary function exception to the limited waiver of sovereign immunity contained in the FTCA barred plaintiffs’ claims. 2 We affirm.
Plaintiff Frank Tippett and his wife Judy Rand were members of a guided snowmobile tour exploring parts of Yellowstone National Park in February 1993. Plaintiffs’ group entered the park through the south gate and, as they began up the road toward…
2Cases cited9 opinions
- United States v. GaubertSupreme Court of the United States · 1991
- Berkovitz v. United StatesSupreme Court of the United States · 1988
- United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
- David Holt, as Personal Representative of the Estates of James W. Holt and Joan Holt, Deceased v. United StatesCourt of Appeals for the Tenth Circuit · 1995
- Marilyn Wheeler v. Main HurdmanCourt of Appeals for the Tenth Circuit · 1987
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3Cited by87 opinions
- Freeman v. United StatesCourt of Appeals for the Fifth Circuit · 2009
- Davoll v. WebbCourt of Appeals for the Tenth Circuit · 1999
- Kenneth Michael Trentadue, the Estate of by and Through Its Personal Representative Carmen Aguilar, Plaintiff-Appellee/cross-Appellant, and Carmen Aguilar Trentadue, Individually and as Personal Representative for the Estate of Kenneth Michael Trentadue and Guardian Ad Litem for Vito Miguel Trentadue Wilma Lou Trentadue Jesse James Trentadue Donna Trentadue Sweeney Lee Frederick Trentadue Jesse Carl Trentadue v. United States of America Department of Justice Federal Bureau of Prisons Federal Bureau of Investigation, Stuart Lee, Defendant-Appellant/cross-Appellee, Kenneth Freeman, Defendant-Cross-Appellee. United States of America, Amicus Curiae. Kenneth Michael Trentadue, the Estate of by and Through Its Personal Representative Carmen Aguilar Carmen Aguilar Trentadue, Individually and as Personal Representative for the Estate of Kenneth Michael Trentadue and Guardian Ad Litem for Vito Miguel Trentadue Wilma Lou Trentadue Jesse James Trentadue Donna Trentadue Sweeney Lee Frederick Trentadue Jesse Carl Trentadue, Plaintiffs-Appellees/cross-Appellants v. United States of America, Defendant-Appellant/cross-Appellee, and Department of Justice Federal Bureau of Prisons Federal Bureau of Investigation Stuart LeeCourt of Appeals for the Tenth Circuit · 2005
- Steele v. Federal Bureau of PrisonsCourt of Appeals for the Tenth Circuit · 2003
- Estate of Harshman v. Jackson Hole Mountain Resort Corp.Court of Appeals for the Tenth Circuit · 2004
82 more not listed; retrieve them via the Exa API.