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J. H. RUTTER REX MFG. CO., INC. v. UNITED STATES

No. 74-2366.

515 F.2d 97 (1975)

J. H. RUTTER REX MANUFACTURING COMPANY, INC., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 25, 1975.

Attorney(s) appearing for the Case

Daniel Lund, New Orleans, La., for plaintiff-appellant.

Gerald J. Gallinghouse, U. S. Atty., James D. Carriere, Asst. U. S. Attys., New Orleans, La., for defendant-appellee.

Before GIBSON, THORNBERRY and AINSWORTH, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 25, 1975.

PER CURIAM:

J. H. Rutter Rex Manufacturing Company seeks to recover $144,001.24 from the United States under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. Rutter Rex claims that the National Labor Relations Board's unreasonable delay in securing compliance with a reinstatement order caused the damages. The district court below ruled on the merits that the discretionary function exception...

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