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PRESCOTT v. U.S.

No. 90-16758.

973 F.2d 696 (1992)

Keith L. PRESCOTT, et al., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 24, 1992.

As Amended August 26, 1992.

Attorney(s) appearing for the Case

Mark B. Stern, U.S. Dept. of Justice, Washington, D.C., for defendant-appellant.

Stewart L. Udall, Santa Fe, N.M., Dale Haralson, Haralson, Kinerk & Morey, Tucson, Ariz., Larry C. Johns, Johns & Johns, Las Vegas, Nev., for plaintiffs-appellees.

Before WILLIAM A. NORRIS and THOMPSON, Circuit Judges, and EZRA, District Judge.

OPINION

WILLIAM A. NORRIS, Circuit Judge:

This case arises from the government's alleged negligence in protecting workers at the Nevada Nuclear Testing Site. The government appeals the district court's motion denying summary judgment on the basis of the discretionary function exception to the Federal Tort Claims Act (FTCA). We affirm.

I

These consolidated actions under the FTCA seek damages for injuries allegedly sustained by 220 individuals...

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