BARONI v. UNITED STATES

No. 80-3427.

662 F.2d 287 (1981)

Thomas R. BARONI and Jon E. Baroni, et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 15, 1981.


Attorney(s) appearing for the Case

Lee Davis Thames, Vicksburg, Miss., for plaintiffs-appellants.

Jerry A. Davis, Asst. U.S. Atty., Jackson, Miss., Thelma L. Quince, Trial Atty., Torts Branch, Civil Division, U.S. Dept. of Justice, Washington, D.C., for defendant-appellee.

Before CHARLES CLARK, Chief Judge, GOLDBERG and WILLIAMS, Circuit Judges.


PER CURIAM:

Plaintiffs' complaint against the United States under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b), 2671 et seq., was dismissed on the pleadings by the district court under the misrepresentation exception to that Act, 28 U.S.C.A. § 2680(h). This appeal asserts that the tort basis for the action was a negligent breach of duty which did not involve misrepresentation. We affirm.

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