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ESTATE OF BERNALDES v. U.S.

Civ. A. No. 94-0041-H.

877 F.Supp. 301 (1995)

ESTATE OF Denny BERNALDES v. UNITED STATES, Three Unnamed Inspectors of the Mine Safety and Health Administration.

United States District Court, W.D. Virginia, Harrisonburg Division.

February 17, 1995.

Attorney(s) appearing for the Case

Sean J. Coleman and Wilfrid Kip Wood, Fairfax, VA, for plaintiff.

John F. Corcoran, U.S. Attorney's Office, Roanoke, VA, and Phyllis J. Pyles and Robin D. Smith, U.S. Dept. of Justice, Torts Branch, Civ. Div., Washington, DC, for defendants.

MEMORANDUM ORDER

MICHAEL, District Judge.

The Estate of Denny Bernaldes ("Plaintiff") has brought this suit for a wrongful death allegedly caused by the failure of three Mine Safety and Health Administration ("MSHA") inspectors to discover safety violations at a mining operation. The Defendants argue that the "discretionary function exception" to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 2680(a), mandates that this action be dismissed...

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