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DICKERSON, INC. v. U.S.

No. 88-3449.

875 F.2d 1577 (1989)

DICKERSON, INC., Dickerson, Florida, Inc., Dickerson Realty Florida, Inc., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 27, 1989.

Attorney(s) appearing for the Case

Robert S. Greenspan, John P. Schnitker, and Dwight G. Rabuse, Civ. Div. Appellate Staff, U.S. Dept. of Justice, Washington, D.C., for defendant-appellant.

Richard G. Rumrell, Rumrell & Johnson, Jacksonville, Fla., for plaintiffs-appellees.

Before RONEY, Chief Judge, and HILL, Circuit Judge, and HOWARD, Chief District Judge.

RONEY, Chief Judge:

In this Federal Tort Claims Act (FTCA) suit against the United States for damages resulting from improper disposal of hazardous waste materials, we affirm the district court's judgment against the Government, holding: (1) the United States was not exempt from liability under the discretionary-function exception to the FTCA for the decision to delegate to an independent contractor safety responsibilities for the disposal of certain toxic waste:...

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