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MARN v. U.S.

Civ. A. No. 81-1122.

681 F.Supp. 266 (1987)

Joann MARN, Administratrix of the Estate of John Marn, Deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, W.D. Pennsylvania.

July 28, 1987.

Attorney(s) appearing for the Case

Morley M. Azorsky, Oliver N. Hormell, California, Pa., for plaintiff.

Thomas Rees, Trial Atty., Torts, U.S. Dept. of Justice, Civ. Div., Washington, D.C., Asst. U.S. Atty. Craig R. McKay, Pittsburgh, Pa., for defendant.

MEMORANDUM OPINION

BLOCH, District Judge.

This opinion addresses the defendant's renewed motion to dismiss this action. The defendant relies upon the discretionary function exception to the Federal Tort Claims Act, 28 U.S.C. § 2680(a), contending that the decision of the United States Supreme Court in United States v. S.A. Empresa de Viacao Aerea Rio Grandense (Varig Airlines), 467 U.S. 797, 104 S.Ct. 2755, 81...

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