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MANNS v. U.S.

No. CV 95-593-RE.

945 F.Supp. 1349 (1996)

Melvin H. MANNS, Plaintiff, v. UNITED STATES of America and Michael R. Manns, Defendants. UNITED STATES of America, Third-Party Plaintiff, v. PC OR 936TU, her engines, anchors, engines, furniture, appurtenances, etc., in rem, Third-Party Defendant.

United States District Court, D. Oregon.

February 13, 1996.

Attorney(s) appearing for the Case

Bernard Jolles and Rick Klingbeil, Jolles, Bernstein & Garone, Portland, Oregon, for Melvin Manns.

Kristine Olsen, United States Attorney, District of Oregon, R. Michael Underhill and Stephen Flynn, Torts Branch, Civil Division, U.S. Department of Justice, San Francisco, California, for the United States.

Mark H. Wagner, Hoffman, Hart & Wagner, Portland, Oregon, for Michael Manns.

OPINION

REDDEN, District Judge:

Defendant, United States of America, moves to dismiss the action against it based upon the discretionary function exception to tort liability. Oral argument was held on February 5, 1996. For the reasons stated below, the motion is granted.

FACTS

On the morning of August 27, 1994, in the vicinity of Daymark 15 (located south of Government Island on the Columbia River), plaintiff Melvin Manns was a passenger...

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