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KIRCHMANN v. U.S.

No. 93-1015.

8 F.3d 1273 (1993)

John W. KIRCHMANN; Lene J. Kirchmann; Julie A. Kirchmann, by and through John W. Kirchmann, Her Father and Next Friend; Tricia J. Kirchmann; and Michael J. Kirchmann, by and through John W. Kirchmann, His Father and Next Friend, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 2, 1993.

Attorney(s) appearing for the Case

William Brown, Omaha, NE, argued (James Brown, on the brief), for appellant.

Adam Bain, Washington, DC, argued (Paul M. Honigberg and Daniel C. Cox, on the brief), for appellee.

Before McMILLIAN, WOLLMAN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

John Kirchmann and his family appeal an order dismissing their lawsuit against the federal government under the Federal Tort Claims Act. The trial court held that the action was barred by either the independent contractor exception, the discretionary function exception, or both. We affirm the trial court.1

I.

In 1959, the Air Force decided to build an Atlas missile facility near...

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