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BOYD v. U.S. EX REL. U.S. ARMY, CORPS OF ENGINEERS

No. 86-1618.

881 F.2d 895 (1989)

Emily Moody BOYD, Administratrix of the Estate of Clyde Alva Boyd, III, and Emily Moody Boyd, Individually, Plaintiff-Appellant, v. The UNITED STATES of America, ex rel. the UNITED STATES ARMY, CORPS of ENGINEERS, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 2, 1989.

Attorney(s) appearing for the Case

Harry Scoufos, Sallisaw, Okl., (Glen E. Johnson, Okemah, Okl., with him on the brief), for plaintiff-appellant.

Ralph F. Keen, Asst. U.S. Atty., (Roger Hilfiger, U.S. Atty., with him on the brief), Muskogee, Okl., for defendant-appellee.

Before MCKAY, LOGAN, and TACHA, Circuit Judges.

LOGAN, Circuit Judge.

The district court dismissed the suit of plaintiff Emily Moody Boyd against the United States for lack of subject matter jurisdiction, holding that it was barred by the discretionary function exception of the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2680(a). Boyd v. United States, 631 F.Supp. 814 (E.D. Okla.1986). On appeal, Boyd argues that the challenged governmental activity does not fall...

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