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GAUBERT v. U.S.

No. 88-1923.

885 F.2d 1284 (1989)

Thomas M. GAUBERT, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 17, 1989.

Attorney(s) appearing for the Case

Abbe David Lowell, Elizabeth C. Brooks, Sean Connelly, Brand & Lowell, Washington, D.C., for plaintiff-appellant.

Jerome A. Madden, Trial Atty., Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for defendant-appellee.

Before GEE, GARZA, and JONES, Circuit Judges

GARZA, Circuit Judge:

This case requires us to further define the scope of the discretionary function exception to the Federal Tort Claims Act. Appellant's case below was dismissed for lack of subject matter jurisdiction. We find the discretionary function exception to the Torts Claims Act inapplicable to certain of the alleged actions taken in this case. However, we find that Gaubert does not have standing to sue for the lost value of his shares, and we must dismiss...

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