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GENERAL PUBLIC UTILITIES CORP. v. UNITED STATES

No. 83-1017.

745 F.2d 239 (1984)

GENERAL PUBLIC UTILITIES CORPORATION, Jersey Central Power & Light Company, Metropolitan Edison Company, Pennsylvania Electric Company, Appellees, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 28, 1984.

Attorney(s) appearing for the Case

J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., Peter F. Vaira, Jr., U.S. Atty., Philadelphia, Pa., Jeffrey Axelrad, Director, Torts Branch, James P. Klapps, Special Counsel (argued), K. Roxanne McKee, Trial Atty., Torts Branch, Civil Div., U.S. Dept. of Justice, Washington, D.C., for appellant; E. Leo Slaggie, Acting Sol., Michael B. Blume, Juan L. Rodriguez, Nuclear Regulatory Commission, Washington, D.C., of counsel.

David Klingsberg (argued), Kaye, Scholer, Fierman, Hays & Handler, New York City, for appellees; Milton Handler, Myron Kirschbaum, Aaron Stiefel, James B. Liberman, DeBevoise & Liberman, New York City, Samuel B. Russell, Ryan, Russell & McConaghy, Reading, Pa., of counsel.

Before WEIS, HIGGINBOTHAM, and SLOVITER, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

Alleging that the Nuclear Regulatory Commission failed to warn them of equipment defects, the owners of the Three Mile Island nuclear facility seek substantial damages attributed to a valve failure at the plant. We conclude that the claims against the government are barred by the discretionary function exception of the Federal Tort Claims Act.

The plaintiffs' complaint asserts a right to recover under the...

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