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DOWNS v. UNITED STATES

No. 74-1660.

522 F.2d 990 (1975)

Mrs. Brent Quinton DOWNS for herself as Executrix of the Estate of Brent Quinton Downs, and as guardian and next friend of Andrew Arthur Downs and Brent Q. Downs, II, minors, et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

August 8, 1975.

Attorney(s) appearing for the Case

Gilbert S. Merritt, Jr., Thomas Wardlaw Steele, Gullett, Steele, Sanford, Robinson & Merritt, Jack A. Butler, Nashville, Tenn., for plaintiffs-appellants.

Charles H. Anderson, U. S. Atty., Nashville, Tenn., John G. Laughlin, Chief, Tort Section, Leonard Schaitman, Neil Koslowe, Martha Johnson, Dept. of Justice, Washington, D. C., for defendant-appellee.

Before PHILLIPS, Chief Circuit Judge, and CELEBREZZE and MILLER, Circuit Judges.

CELEBREZZE, Circuit Judge:

This appeal presents two basic questions concerning the United States' liability for actions of FBI agents resulting in the death of innocent victims of a hijacking. These issues are the applicability of the "discretionary function" exception to the Federal Tort Claims Act1 and the existence of negligence under Florida law on the facts of this case.

This action arose out of the hijacking of a small passenger...

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