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GONZALEZ v. U.S.

No. 87 Civ. 8492 (PNL).

690 F.Supp. 251 (1988)

Maria GONZALEZ and Vincent Gonzalez, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, S.D. New York.

July 15, 1988.

Attorney(s) appearing for the Case

Robert S. Michaels, New York City, for plaintiffs.

Rudolph W. Giuliani, U.S. Atty., S.D.N.Y. by Allan N. Taffet, Asst. U.S. Atty., New York City, for defendant.

MEMORANDUM AND ORDER

LEVAL, District Judge.

This is a personal injury action brought pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671, et seq. The Government moves to dismiss for lack of subject matter jurisdiction. The Government contends that the acts complained of are "discretionary functions" for which liability does not lie under the FTCA. Plaintiffs respond that defendant's negligent acts were operational choices rather...

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