Andrulonis v. United States

ORDER

MUNSON, Chief Judge.

The defendant United States has renewed its Rule 12(b) motion to dismiss or for summary judgment under Rule 56 following the recent decision by the Supreme Court on the discretionary function exception to the Federal Tort Claims Act, 28 U.S.C. § 2680(a) (1982), [FTCA], United States v. S.A. Empresa DeViacao Aerea Rio Grandense (Varig Airlines), — U.S. -, 104 S.Ct. 2755, 81 L.Ed.2d 660 (1984), \Varig\ The Government’s previous motion to dismiss was denied on December 19, 1983. After careful review of the parties’ memoranda and after oral arguments on the motion, the…