COMMERCIAL UNION INS. CO. v. U.S.

No. 89-3873.

928 F.2d 176 (1991)

COMMERCIAL UNION INSURANCE COMPANY, et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 11, 1991.


Attorney(s) appearing for the Case

Samuel M. Rosamond, III, Thomas Loehn, Boggs, Loehn & Rodrique, New Orleans, La., for Commercial Union Ins.

Gary A. Lee, Eric J. Schincler, Faris, Ellis, Cutrone & Gilmore, New Orleans, La., for Underwriters.

Phyllis Jackson Pyles, Asst. Dir., Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., John Volz, U.S. Atty., New Orleans, La., for U.S.

Before CLARK, Chief Judge, GARWOOD and SMITH, Circuit Judges.


GARWOOD, Circuit Judge:

Commercial Union Insurance Company et al. (collectively, "insurers") appeal the dismissal of their claim against the United States for the Bureau of Mines' allegedly improper approval of supplied-air respiratory equipment in the 1930s. The district court dismissed the claim for lack of subject matter jurisdiction pursuant to the discretionary function and misrepresentation exceptions of the Federal Tort Claims Act, 28 U.S.C. §&...

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