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ALABAMA ELEC. CO-OP., INC. v. UNITED STATES

No. 84-7690.

769 F.2d 1523 (1985)

ALABAMA ELECTRIC COOPERATIVE, INC., Plaintiff-Appellant, v. The UNITED STATES of America and the United States Army Corps of Engineers, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 3, 1985.

Attorney(s) appearing for the Case

James J. Thompson, Jr., Hare, Wynn, Newell & Newton, Francis H. Hare, Jr., Birmingham, Ala., George C. Douglas, Jr., Andalusia, Ala., George C. Douglas, Jr., Clower, Watkins & Douglas, Troy, Ala., for plaintiff-appellant.

John C. Bell, U.S. Atty., Kenneth E. Vines, Asst. U.S. Atty., Montgomery, Ala., John T. Stahr, David C. Shilton, Dept. of Justice, Land and Natural Resources Div., Appellate Section, Washington, D.C., for defendants-appellees.

Before FAY and ANDERSON, Circuit Judges, and GIBSON, Senior Circuit Judge.

R. LANIER ANDERSON, III, Circuit Judge:

Alabama Electric Cooperative, Inc. ("AEC") appeals from a decision of the district court dismissing AEC's complaint on the ground that the acts of design and construction complained of were discretionary functions exempted from liability under the Federal Tort Claims Act ("FTCA"), 28 U.S.C.A. § 2680(a) (West 1965). AEC contends that the district court erred in dismissing its complaint under the discretionary function exception...

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