Legal Opinion
United States Fidelity & Guaranty Company v. United States
Court of Appeals for the Third Circuit
Decided January 15, 1988No. 87-5073PublishedCited by 93 opinions
1Opinion of the Court
OPINION OF THE COURT
STAPLETON, Circuit Judge:
The United States Fidelity & Guaranty Company (U.S.F. & G.) instituted this ac tion against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 (1982). The action seeks recovery for losses arising from an accident that occurred during the cleanup of an abandoned chemical facility. After trial, the district court held that U.S.F. & G. could recover. Because we hold that the discretionary function exception, 28 U.S.C. § 2680(a) (1982), bars recovery against the United States in this case, we will reverse.
I
The district court…
2Cases cited13 opinions
- 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
- Indian Towing Co. v. United StatesSupreme Court of the United States · 1955
- Rayonier Inc. v. United StatesSupreme Court of the United States · 1957
- In Re Consolidated United States Atmospheric Testing Litigation, Christina Konizeski v. Livermore Labs, Alice P. Broudy v. United StatesCourt of Appeals for the Ninth Circuit · 1987
8 more not listed; retrieve them via the Exa API.
3Cited by93 opinions
- Rafael Medina v. United States of America, No. 00-2156Court of Appeals for the Fourth Circuit · 2001
- Katusha Nurse v. United StatesCourt of Appeals for the Ninth Circuit · 2000
- Nell D. Autery, as Administratrix of the Estate of Roy Franklin Autery Charlotte Schreiner v. United StatesCourt of Appeals for the Eleventh Circuit · 1993
- Sutton v. EarlesCourt of Appeals for the Ninth Circuit · 1994
- Galvin v. HayCourt of Appeals for the Ninth Circuit · 2004
88 more not listed; retrieve them via the Exa API.