STARRETT v. U.S.

No. 87-4169.

847 F.2d 539 (1988)

Daniel STARRETT; Frances Starrett, Plaintiff-Appellants, v. UNITED STATES of America; Department of the Navy, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 23, 1988.


Attorney(s) appearing for the Case

David A. Bricklin, Bricklin & Gendler, Seattle, Wash., for plaintiffs-appellants.

David S. Fishback, Sr. Trial Counsel, Torts Branch, Civil Div., U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Before BEEZER, HALL and WIGGINS, Circuit Judges.


WIGGINS, Circuit Judge:

Daniel and Frances Starrett ("Starretts") appeal summary judgment dismissing their action filed under the Federal Tort Claims Act (FTCA) for lack of subject matter jurisdiction. The Starretts claim the district court erred in ruling the "discretionary function" exception to the FTCA, 28 U.S.C. § 2680(a), barred their claim that operations at the Navy Trident Submarine Base at Bangor, Washington, contaminated their well water. We reverse...

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