CITY OF GARLAND v. ZURN INDUSTRIES, INC.

No. 88-1697.

870 F.2d 320 (1989)

CITY OF GARLAND, Plaintiff-Appellee, v. ZURN INDUSTRIES, INC., et al., Defendants, and URS Company, Successor in Interest to Forrest & Cotton, Inc., Defendant-Third Party Plaintiff-Appellant, v. UNITED STATES of America, Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 21, 1989.


Attorney(s) appearing for the Case

Teresa Jenkins Carson, William R. Allensworth, David Taubenfeld, Haynes & Boone, Dallas, Tex., for appellant.

Bert R. Oastler, Neal J. Sweeney, Atlanta, Ga., for City of Garland, Tex.

Jay Tidmarsh, Trial Atty., Torts Branch, Civil Div., U.S. Dept. of Justice, Washington, D.C., Marvin Collins, U.S. Atty., Dallas, Tex., for U.S.A.

Before POLITZ and JOLLY, Circuit Judges, and HUNTER, District Judge.


E. GRADY JOLLY, Circuit Judge:

In this case we are asked to consider whether the Environmental Protection Agency ("EPA") is protected by the "discretionary function" or "misrepresentation" exceptions to the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq. ("FTCA"), for any negligence in its analysis, testing, or eventual approval of a physical-chemical waste water treatment process submitted by the City of Garland. Finding that the "misrepresentation...

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