Legal Opinion

Bernitsky v. United States

Court of Appeals for the Third Circuit

Decided March 19, 1980No. 79-1453PublishedCited by 70 opinions

1Opinion of the Court

OPINION OF THE COURT

SLO VITER, Circuit Judge.

The issue on appeal in this case is the scope of the discretionary function exception of the Federal Tort Claims Act.

On July 11, 1973 a Federal Mine Safety Inspector, acting pursuant to the Federal Coal Mine Health & Safety Act of 1969, 30 U.S.C. § 801 et seq. (hereinafter FCMHSA), inspected the mine owned and operated by appellant, Bernitsky Brothers Coal Company (hereinafter Bernitsky), located at New Philadelphia, Schuylkill County. Among the items inspected was whether the toilet facility complied with the updated list of “Approved Underground…

2Cases cited38 opinions

  1. Dalehite v. United StatesSupreme Court of the United States · 1953
  2. Indian Towing Co. v. United StatesSupreme Court of the United States · 1955
  3. United Air Lines, Inc. v. Janice Wiener and Catherine B. Nollenberger (Excluding Faith C. Paris), United States of America v. Janice WienerCourt of Appeals for the Ninth Circuit · 1964
  4. Richard J. Griffin and Mary Jane Griffin, His Wife v. United StatesCourt of Appeals for the Third Circuit · 1974
  5. United Air Lines, Inc. v. United StatesSupreme Court of the United States · 1964

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3Cited by70 opinions

  1. Blunt v. Lower Merion School DistrictCourt of Appeals for the Third Circuit · 2014
  2. Myers v. American Dental Ass'nCourt of Appeals for the Third Circuit · 1982
  3. Myers v. United StatesCourt of Appeals for the Sixth Circuit · 1994
  4. Nelson v. County Of AlleghenyCourt of Appeals for the Third Circuit · 1995
  5. Ronald Pooler v. United States of America. Ronnie Bradley v. United StatesCourt of Appeals for the Third Circuit · 1986

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

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