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NERNBERG v. UNITED STATES

Civ. A. No. 78-494-A.

463 F.Supp. 752 (1979)

Maurice A. NERNBERG, Jr. and Nancy Nernberg, his wife, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, W. D. Pennsylvania.

January 18, 1979.

Attorney(s) appearing for the Case

Brian H. Baxter, Pittsburgh, Pa., for plaintiffs.

Robert J. Cindrich, U. S. Atty., Henry G. Barr, Asst. U. S. Atty., Pittsburgh, Pa., for defendant.

OPINION

WEBER, Chief Judge.

The Plaintiffs bring suit against the United States under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), for improperly operating a drug treatment center on property adjacent to that owned by the Plaintiffs. The Defendant has moved for Summary Judgment on two grounds: (1) res judicata, and (2) the exemption of the United States under 28 U.S.C. § 2680(a) from liability based upon the performance or exercise of discretionary...

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