Legal Opinion

Franklin Savings Corp. v. United States

Court of Appeals for the Tenth Circuit

Decided May 4, 1999No. 97-3220PublishedCited by 15 opinions

1Opinion of the Court

MURPHY, Circuit Judge.

This appeal concerns the breadth of the discretionary-function exception to the waiver of sovereign immunity under the Federal Tort Claims Act (FTCA). Plaintiffs, who owned most of the stock of the Franklin Savings Association (FSA or the Association), sued the United States and the Resolution Trust Corporation 1 (RTC), seeking damages allegedly caused by the RTC’s conduct as FSA’s conservator. Before any discovery, the district court dismissed the suit under Federal Rule of Civil Procedure 12(b)(6) on the basis that plaintiffs’ claims fell within the FTCA’s…

2Cases cited64 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Anderson v. CreightonSupreme Court of the United States · 1987
  3. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  4. Mitchell v. ForsythSupreme Court of the United States · 1985
  5. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971

59 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. United States Ex Rel. King v. Hillcrest Health Center, Inc.Court of Appeals for the Tenth Circuit · 2001
  2. Mayotte v. U.S. Bank National AssociationCourt of Appeals for the Tenth Circuit · 2018
  3. Clark v. United StatesCourt of Appeals for the Tenth Circuit · 2017
  4. Franklin Savings Corp. v. United StatesUnited States Court of Federal Claims · 2003
  5. Shaw v. United StatesCourt of Appeals for the Tenth Circuit · 2000

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API