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COLE v. UNITED STATES

No. CV 83-P-2100-W.

635 F.Supp. 1185 (1986)

Christy COLE & Helen Cole, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, N.D. Alabama, S.D.

May 6, 1986.

Attorney(s) appearing for the Case

Jerry Shirley, Henley & Shirley, Northport, Ala., for plaintiff.

Frank W. Donaldson, U.S. Atty., Henry I. Frohsin, Asst. U.S. Atty., Birmingham, Ala., Patrick Cavanaugh, Dept. of Justice, Washington, D.C., for defendant.

Memorandum of Opinion

POINTER, Chief Judge.

The plaintiffs bring this cause of action under the Federal Torts Claims Act (FTCA),1 alleging that the United States has violated a post-service duty to warn a Navy veteran of the hazards of radiation to which he was exposed while on active duty. The question presented to the court is whether the discretionary function exception denies this court jurisdiction to adjudicate plaintiffs...

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