GARZA, District Judge.
This case was tried by the Court on January 29, 1962. At the outset of the trial, the Government was insisting that the Court pass on their motion to dismiss the complaint since it did not state a cause of action within the jurisdiction of this Court because the complaint was based upon the alleged failure of a Federal agency, namely, the Corps of Engineers, to perform a discretionary function or duty. The Court carried the question along with...
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