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UNITED STATES v. SMITH

No. 89-1646.

499 U.S. 160 (1991)

UNITED STATES ET AL. v. SMITH ET AL.

Supreme Court of the United States.

Decided March 20, 1991.

Attorney(s) appearing for the Case

Deputy Solicitor General Shapiro argued the cause for the United States. With him on the briefs were Solicitor General Starr, Assistant Attorney General Gerson, Stephen L. Nightingale, Barbara L. Herwig, and John F. Daly.

Walter A. Oleniewski argued the cause for respondents. With him on the brief was Ashley Joel Gardner.

JUSTICE MARSHALL delivered the opinion of the Court.

The Federal Employees Liability Reform and Tort Compensation Act of 1988 (Liability Reform Act or Act) limits the relief available to persons injured by Government employees acting within the scope of their employment. For persons so injured, the Act provides that "[t]he remedy against the United States" under the Federal Tort Claims Act (FTCA) "is exclusive of any other...

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