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ROBERTS v. U.S.

Civ. Nos. S-1766 RDF, S-76-259 RDF.

724 F.Supp. 778 (1989)

Dorothy ROBERTS, et al., Plaintiffs, v. UNITED STATES of America, Defendant. Louise NUNAMAKER, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Nevada.

October 27, 1989.

Attorney(s) appearing for the Case

Larry C. Johns, Las Vegas, Nev., for plaintiffs.

Rupert M. Mitsch, Torts Branch, Civil Div., U.S. Dept. of Justice, Washington, D.C., U.S. Atty. Wm. A. Maddux, John L. Thorndal of Thorndal, Backus, Maupin & Armstrong, Las Vegas, Nev., for defendant.

ORDER ON REMAND

ROGER D. FOLEY, Senior District Judge.

In its memorandum on remand, filed September 28, 1988, 887 F.2d 899, in this case, the Ninth Circuit wrote the following:

We remand for determination of whether the discretionary function exception of 28 U.S.C. § 2680(a) applies. Recent cases suggest that the United States may not have consented to suit in this case under the discretionary function...

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