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EARLES v. U.S.

Nos. 88-6203 to 88-6205, 88-6208, 88-6220, 88-6221, 88-6223, 88-6461, 88-6465, 88-6470, 88-6472 to 88-6475.

935 F.2d 1028 (1991)

Virl EARLES, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. (Two Cases) Marie KATZ, individually and as the personal representative of Ronald Flem Myers, deceased, Plaintiff-Appellee, v. UNITED STATES of America, Defendant, Third-Party Plaintiff-Appellant. v. Virl EARLES, Third-Party Defendant. (Two Cases) Ernest E. CHAVEZ; Carol Kemble; Terez Ujj, individually and as the representative of the Estate of John Bakos; Roberta D. Hulings, individually and as the representative of the Estate of Patricia Hulings; Robert Weaver, Jack Thomas Schmid, Estelle Schmid, individually, and Jack Thomas Schmid, Jr., as administrator of the Estate of Kathy Weaver, Plaintiffs-Appellees, v. UNITED STATES of America DEPARTMENT OF DEFENSE, United States of America Department of the Navy, United States of America Army Corps of Engineers, United States Coast Guard, Defendants-Appellants. (Two Cases) Stephen BRENNAN, Plaintiff-Appellee, v. UNITED STATES of America, Defendant, Third-Party Plaintiff-Appellant, v. Virl EARLES, Third-Party Defendant. (Two Cases) Stephen BRENNAN, Plaintiff-Appellee, v. UNITED STATES of America, Defendant, Third-Party Plaintiff-Appellant, v. Virl EARLES, Third-Party Defendant. (Two Cases) Marlene SUTTON, and Richard Sutton, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant, Third-Party Plaintiff-Appellant, v. Virl EARLES, Third-Party Defendant. (Two Cases) Ernest E. CHAVEZ; Carol Kemble; Terez Ujj, individually and as the representative of the Estate of John Bakos; Roberta D. Hulings, individually and as the representative of the Estate of Patricia Hulings; Robert Weaver, Jack Thomas Schmid, Estelle Schmid, individually, and Jack Thomas Schmid, Jr., as the administrator of the Estate of Kathy Weaver, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant, Third-Party Plaintiff-Appellant, v. Virl EARLES, Third-Party Defendant. (Two Cases)

United States Court of Appeals, Ninth Circuit.

Decided June 6, 1991.

Attorney(s) appearing for the Case

Warren A. Schneider, Asst. Atty. in Charge, Jeanne M. Franken, Trial Atty., West Coast Office, Torts Branch, Civ. Div., San Francisco, Cal., for defendant-appellant.

Mark D. Wenzel, Stone & Dolginer, Los Angeles, Cal., for plaintiffs-appellees Marlene and Richard Sutton.

Thomas C. King, Gauhan and King, Long Beach, Cal., for plaintiff-appellee Marie Katz.

Neal Hirschfeld, North Miami Beach, Fla., for Ernest E. Chavez et al.

John L. Norman, Santa Ana, Cal., for plaintiff-appellee Stephen Brennan.

Alan G. Martin, Greines, Martin, Stein & Richland, Beverly Hills, Cal., for plaintiffs-appellees.

Before BROWNING, PREGERSON and LEAVY, Circuit Judges.

LEAVY, Circuit Judge:

This is a case of first impression in which we are called upon to resolve the question whether the so-called Discretionary Function Exception ("Exception") to the Federal Tort Claims Act ("FTCA"), see 28 U.S.C. § 2680(a) (1988), applies to the Suits in Admiralty Act ("SIAA"), 46 U.S.C. App. §§ 741-752 (1988). We now join with the majority of other circuits to have decided this issue and hold that the Exception is applicable...

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