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ZUMWALT v. U.S.

No. 89-3173.

928 F.2d 951 (1991)

Glen E. ZUMWALT, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 20, 1991.

Attorney(s) appearing for the Case

Marlys A. Marshall and Andrew W. Hutton, Michaud, Hutton & Bradshaw, Wichita, Kan., for plaintiff-appellant.

Benjamin L. Burgess, Jr., U.S. Atty., and Stephen K. Lester, Asst. U.S. Atty., Wichita, Kan., for defendant-appellee.

Before LOGAN, JONES, and SEYMOUR, Circuit Judges.

LOGAN, Circuit Judge.

Plaintiff Glen E. Zumwalt appeals the district court's order entering summary judgment in favor of the United States. Zumwalt brought an action for damages against the government under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671-2680. The district court granted the government's summary judgment motion based on the discretionary function exception to the FTCA. See 28 U.S.C. § 2680(a). Zumwalt argues that...

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