WEISS v. UNITED STATES

No. 84-1227.

787 F.2d 518 (1986)

Joseph WEISS, Jr. and Brigitte Weiss, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 27, 1986.


Attorney(s) appearing for the Case

Shelley B. Don (David L. Hiller with him on the briefs), Denver, Colo., for plaintiffs-appellants.

Nancy E. Rice, Asst. U.S. Atty., Denver, Colo. (Robert N. Miller, U.S. Atty., with her on the brief), for defendant-appellee.

Before BARRETT, LOGAN, and BALDOCK, Circuit Judges.


BARRETT, Circuit Judge.

This appeal is taken by plaintiffs-appellants, Joseph Weiss, Jr. and Brigitte Weiss, from a final order of the district court granting summary judgment in favor of defendant-appellee United States. The district court found that under the Federal Tort Claims Act the plaintiffs' first claim was barred by the discretionary function exception under 28 U.S.C. § 2680(a) and plaintiffs' second claim failed to show an actionable duty under Colorado...

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