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CARIB GAS CORP. v. DELAWARE VALLEY INDUS. GASES

Civ. No. 1986/292.

660 F.Supp. 419 (1987)

CARIB GAS CORPORATION OF ST. THOMAS, Plaintiff, v. DELAWARE VALLEY INDUSTRIAL GASES, INC., Hess Oil Virgin Islands Corporation, Antilles Gas Corporation, United States of America, United States Department of Transportation, Defendants.

District Court, Virgin Islands, D. St. Croix.

May 20, 1987.

Attorney(s) appearing for the Case

Joel Holt, Holt & Cabret, Christiansted, St. Croix, U.S. V.I., for plaintiff.

Jim U. Oliver, Asst. U.S. Atty., Christiansted, St. Croix, U.S. V.I., Phyllis J. Pyles, Colette J. Winston, U.S. Dept. of Justice, Washington, D.C., for defendants U.S. and U.S. Dept. of Transp.

MEMORANDUM OPINION

DAVID V. O'BRIEN, District Judge.

The question before us is whether the United States may be held liable under the Federal Tort Claims Act for the purported negligence of the Department of Transportation in failing to prevent the importation of defective gas cylinders into the Virgin Islands. We hold that the discretionary function exclusion immunizes the Government from such a claim. Accordingly, it will be dismissed from this action...

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