1. Home
  2. Browse Decisions
  3. F.2d
  4. 620 F.2d
  5. 620 F.2d 948 (1980)
 

BERNITSKY v. UNITED STATES

No. 79-1453.

620 F.2d 948 (1980)

Joseph BERNITSKY; Albert Bernitsky; Vincent Bernitsky and George Stenulis, Individually and trading as Bernitsky Brothers Coal Company, Slope No. 2, v. UNITED STATES of America, United States Department of Justice, Washington, D. C.

United States Court of Appeals, Third Circuit.

Decided March 19, 1980.

Attorney(s) appearing for the Case

Thomas B. Rutter (argued), Philadelphia, Pa., for appellants.

Robert S. Forster, Jr., Asst. U. S. Atty., Philadelphia, Pa., Raymond A. Nowak (argued), Charles E. Mandolia, Attys., Torts Branch Civil Div., Dept. of Justice, Washington, D. C., for appellee.

Before GIBBONS, HIGGINBOTHAM and SLOVITER, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The issue on appeal in this case is the scope of the discretionary function exception of the Federal Tort Claims Act.

On July 11, 1973 a Federal Mine Safety Inspector, acting pursuant to the Federal Coal Mine Health & Safety Act of 1969, 30 U.S.C. § 801 et seq. (hereinafter FCMHSA), inspected the mine owned and operated by appellant, Bernitsky Brothers Coal Company (hereinafter Bernitsky...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases