Legal Opinion

Webster v. United States

District Court, D. Montana

Decided October 1, 1992No. CV 89-112-M-CCLPublishedCited by 7 opinions

1Opinion of the Court

OPINION AND ORDER

LOVELL, District Judge.

The United States has filed a motion to dismiss or, in the alternative, for summary judgment on the grounds that Plaintiffs action falls outside of the waiver of sovereign immunity contained in the Federal Tort Claims Act (“FTCA”). and is not based upon the negligence of federal employees. The matter having been fully briefed, the court is prepared to rule.

BACKGROUND

This action was brought pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346, 2671 et seq., by Plaintiff Daniel Webster, individually and as the personal representative of the estate…

2Cases cited13 opinions

  1. United States v. GaubertSupreme Court of the United States · 1991
  2. Berkovitz v. United StatesSupreme Court of the United States · 1988
  3. Dalehite v. United StatesSupreme Court of the United States · 1953
  4. United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
  5. Indian Towing Co. v. United StatesSupreme Court of the United States · 1955

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

3Cited by7 opinions

  1. Marlys Bear Medicine v. United States ex rel. Secretary of the Department of InteriorCourt of Appeals for the Ninth Circuit · 2001
  2. ROSEBUD SIOUX TRIBE v. McDIVITTCourt of Appeals for the Eighth Circuit · 2002
  3. Marlys Bear Medicine v. United StatesCourt of Appeals for the Ninth Circuit · 2001
  4. Utah v. United States Department of the InteriorDistrict Court, D. Utah · 1999
  5. Rosebud Sioux Tribe v. Sun PrairieCourt of Appeals for the Eighth Circuit · 2002

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

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