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HITCHCOCK v. UNITED STATES

Nos. 79-2158, 79-2166.

665 F.2d 354 (1981)

Margaret L. HITCHCOCK and Wilbur W. Hitchcock, v. UNITED STATES of America, Appellant. Margaret L. HITCHCOCK and Wilbur W. Hitchcock, Appellants, v. UNITED STATES of America.

United States Court of Appeals, District of Columbia Circuit.

Decided September 3, 1981.

Attorney(s) appearing for the Case

Bruce G. Forrest, Atty., U. S. Dept. of Justice, Washington, D. C., with whom Alice Daniel, Asst. Atty. Gen., Charles F. C. Ruff, U. S. Atty., and Eloise E. Davies, Atty., U. S. Dept. of Justice, Washington, D. C., were on the brief, for appellant/cross-appellee United States of America.

Robert Case Liotta, Washington, D. C., with whom Nathan I. Finkelstein and M. Elise Haldane, Washington, D. C., were on the brief, for appellees/cross-appellants.

Before TAMM and MIKVA, Circuit Judges, and PHILIP NICHOLS, Jr., Judge, United States Court of Claims.

Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

In this case the Government appeals a judgment for plaintiffs under the Federal Tort Claims Act. Because we find that the district court applied the proper law, did not err in its findings of negligence and causation, and properly ruled the "discretionary function" exception to the Act inapplicable, we affirm.

I.

In March 1972 Mr. Wilbur W. Hitchcock, a career Foreign...

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