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CARTER v. BELL HELICOPTER TEXTRON, INC.

No. Civ 95-416TUC-RMB.

52 F.Supp.2d 1108 (1999)

Jeffrey Claude CARTER, Plaintiff, v. BELL HELICOPTER TEXTRON, INC. et al., Defendants.

United States District Court, D. Arizona.

April 21, 1999.

Attorney(s) appearing for the Case

William H. Wimsatt, Los Angeles, CA, Walter Louis Gerash, Denver, CO, for plaintiff.

Roger C. Mitten, Phoenix, AZ, James H. Marburger, Phoenix, AZ, Jill Dahlmann Rosa, Washington, DC, for defendant.

ORDER

NIELSEN, Chief Judge.

I. Introduction

Before the Court is Defendant United States' renewed motion to dismiss the spoliation claims against it.1 It also raises for the first time the discretionary function exception to the Federal Torts Claims Act ("FTCA"), 28 U.S.C. § 1346(b). On December 15, 1998, Plaintiffs and Defendants Bell Helicopter and TransTech filed a Notice of Partial Settlement (hereinafter...

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