Legal Opinion
Alabama Electric Cooperative, Inc. v. The United States of America and the United States Army Corps of Engineers
Court of Appeals for the Eleventh Circuit
Decided September 3, 1985No. 84-7690PublishedCited by 42 opinions
1Opinion of the Court
R. LANIER ANDERSON, III, Circuit Judge:
Alabama Electric Cooperative, Inc. (“AEC”) appeals from a decision of the district court dismissing AEC’s complaint on the ground that the acts of design and construction complained of were discretionary functions exempted from liability under the Federal Tort Claims Act (“FTCA”), 28 U.S.C.A. § 2680(a) (West 1965). AEC contends that the district court erred in dismissing its complaint under the discretionary function exception to the FTCA. We agree and reverse.
I. FACTS
AEC is an electric cooperative which supplies wholesale or bulk electricity to a num…
2Cases cited32 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Dalehite v. United StatesSupreme Court of the United States · 1953
- United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
- Richard J. Griffin and Mary Jane Griffin, His Wife v. United StatesCourt of Appeals for the Third Circuit · 1974
- Alex Carl Smith v. United StatesCourt of Appeals for the Fifth Circuit · 1967
27 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Nell D. Autery, as Administratrix of the Estate of Roy Franklin Autery Charlotte Schreiner v. United StatesCourt of Appeals for the Eleventh Circuit · 1993
- Aslakson v. United StatesCourt of Appeals for the Eighth Circuit · 1986
- Powers v. United StatesCourt of Appeals for the Eleventh Circuit · 1993
- Irene H. Allen v. United StatesCourt of Appeals for the Tenth Circuit · 1987
- Wade Baker and Rita Baker v. United StatesCourt of Appeals for the Ninth Circuit · 1987
37 more not listed; retrieve them via the Exa API.