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CISCO v. UNITED STATES THROUGH E.P.A.

No. 84-1799.

768 F.2d 788 (1985)

James A. CISCO, et al., Plaintiffs-Appellants, v. UNITED STATES of America, Acting Through the ENVIRONMENTAL PROTECTION AGENCY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 28, 1985.

Publication Ordered May 30, 1985.

Order

Plaintiffs-Appellants [hereinafter Cisco] appeal the dismissal of their suit filed under the Federal Torts Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680 (1976 & Supp. V 1981) [hereinafter FTCA]. The district court found that the discretionary function exception to the FTCA, 28 U.S.C. § 2680(a), barred Cisco's claim and accordingly dismissed Cisco's complaint pursuant to Federal Rule of Civil Procedure 12(b)(1). We AFFIRM.

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