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CREEK NATION INDIAN HOUSING AUTHORITY v. U.S.

Nos. 88-1525, 88-1527, 88-1534, 88-1537 to 88-1539, 88-1541 to 88-1544, 88-1546 to 88-1552, 88-1554 to 88-1556, 88-1559, 88-1561 to 88-1563, and 88-1565 to 88-1568.

905 F.2d 312 (1990)

CREEK NATION INDIAN HOUSING AUTHORITY, et al., Plaintiffs, v. UNITED STATES of America, Explosive Transports, Inc., Empire Insurance Company, Dolly Madjenovich, and Leslie Okerstrom, Defendants, EXPLOSIVE TRANSPORTS, INC. and Empire Insurance Company, Third Party Plaintiffs-Appellants, v. UNITED STATES of America, Third Party Defendant-Appellee, and Ford Motor Company, Third Party Defendant.

United States Court of Appeals, Tenth Circuit.

February 22, 1990.

Attorney(s) appearing for the Case

Michael J. Masterson and Ray H. Wilburn, of Wilburn, Masterson & Holden, Tulsa, Okl., for third party plaintiffs-appellants.

John R. Bolton, Asst. Atty. Gen., Roger Hilfiger, United States Atty., Robert S. Greenspan and Michael E. Robinson, Attys., Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C., for third party defendants-appellees.

Before MOORE and TACHA, Circuit Judges, and KANE, District Judge.

TACHA, Circuit Judge.

Explosive Transports, Inc. (ETI), appeals the order of the district court granting summary judgment against its Federal Tort Claims Act action against the United States. 677 F.Supp. 1120. ETI contends the district court erred in determining that the government's conduct falls within the discretionary function exception to the FTCA, 28 U.S.C. § 2680(a).1 We affirm.

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