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FRANKLIN SAVINGS CORP. v. U.S.

No. 97-3220.

180 F.3d 1124 (1999)

FRANKLIN SAVINGS CORPORATION; Franklin Savings Association, Plaintiffs-Appellants, v. UNITED STATES of America; Federal Deposit Insurance Corporation, as successor-in-interest to the Resolution Trust Corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 4, 1999.

Attorney(s) appearing for the Case

R. Pete Smith, (Jonathan A. Margolies with him on the brief), McDowell, Rice, Smith & Gaar, Kansas City, Missouri, for Appellants.

Michael S. Raab, Attorney, Appellate Staff, Civil Division, U.S. Department of Justice, Washington, D.C. (Mark B. Stern, Attorney, Appellate Staff, Civil Division, U.S. Department of Justice, with him on the brief) for Appellees.

Before BALDOCK, KELLY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

This appeal concerns the breadth of the discretionary-function exception to the waiver of sovereign immunity under the Federal Tort Claims Act (FTCA). Plaintiffs, who owned most of the stock of the Franklin Savings Association (FSA or the Association), sued the United States and the Resolution Trust Corporation1 (RTC), seeking damages allegedly caused by the RTC's conduct as FSA's conservator. Before any discovery...

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