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ALEF v. U.S. DEPT. OF INTERIOR

No. 1:97-CV-114.

990 F.Supp. 932 (1997)

James ALEF, Plaintiff, v. UNITED STATES of America, DEPARTMENT OF INTERIOR, Defendant.

United States District Court, W.D. Michigan, Southern Division.

November 26, 1997.

Attorney(s) appearing for the Case

Edgar Roy, III, Smith, Johnson & Brandt, PC, Traverse City, MI, for James Alef.

Margaret A. Smith, Asst. U.S. Attorney, Michael H. Dettmer, United States Attorney, Grand Rapids, MI, for U.S. Department of Interior.

OPINION

QUIST, District Judge.

Plaintiff James Alef ("Alef") filed this action pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671-2680, alleging failure to warn of diving hazards at a national park. Defendant United States Department of Interior ("DOI" or "Government") has moved to dismiss for lack of subject matter jurisdiction on the grounds that the discretionary function exception to the FTCA, 28 U.S.C. § 2680(a...

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