PENNBANK v. UNITED STATES

No. 85-3066.

779 F.2d 175 (1985)

PENNBANK and First Seneca Bank, Appellants, v. The UNITED STATES of America, and its agencies, the Environmental Protection Agency and the Farmers Home Administration of the United States Department of Agriculture.

United States Court of Appeals, Third Circuit.

Decided December 20, 1985.

Rehearing Denied January 31, 1986.


Attorney(s) appearing for the Case

Lawrence A. Demase (argued), Richard DiSalle, Rose, Schmidt, Chapman, Duff & Hasley, John V. Anderson, Kirkpatrick & Lockhart, Pittsburgh, Pa., for appellants.

Roger B. Clegg (argued), Anthony J. Steinmeyer, Dept. of Justice, Civ. Div., Washington, D.C., for U.S., et al.

Before WEIS, MANSMANN, Circuit Judges and RE, Chief Judge.


OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this appeal from an order granting summary judgment in favor of the defendant government agencies, we must decide whether this action based upon alleged negligence in failing to inspect and discover defects in the construction of a municipal sewer project is barred by an exception to the Federal Tort Claims Act. Because we find that the "discretionary function exception" set forth in 28 U.S.C. § 2680...

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