UNITED STATES FIRE INS. CO. v. UNITED STATES

No. 85-8948.

806 F.2d 1529 (1986)

UNITED STATES FIRE INSURANCE COMPANY and Ottis Foster, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 31, 1986.


Attorney(s) appearing for the Case

Thomas L. Jones, Torts Branch, Civ. Div. U.S. Dept. of Justice, Washington, D.C., Alan Van Emerick, for defendant-appellant.

Craig S. English, New York City, for plaintiffs-appellees.

Before TJOFLAT and KRAVITCH, Circuit Judges, and TUTTLE, Senior Circuit Judge.


KRAVITCH, Circuit Judge:

The United States appeals a judgment in an admiralty action imposing damages based on the Coast Guard's negligence in placing and maintaining markers in aid to navigation. At issue is whether the district court properly invoked subject matter jurisdiction over this case under the United States' waiver of sovereign immunity in the Public Vessels Act (PVA), 46 U.S.C. §§ 781-790; the court concluded that the discretionary function exception...

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