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LESOEUR v. U.S.

No. 92-16948.

21 F.3d 965 (1994)

Daniel LESOEUR, et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 18, 1994.

Attorney(s) appearing for the Case

Alan M. Kyman and John Friedeman, Phoenix, AZ, for plaintiffs-appellants.

Paul F. Figley, Heidi E. Weckwert, U.S. Dept. of Justice, Washington, DC, for defendant-appellee.

Before: CHOY, REINHARDT and LEAVY, Circuit Judges.

Opinion by Judge REINHARDT.

REINHARDT, Circuit Judge:

The Lesoeurs appeal the district court's dismissal of their tort action against the United States for lack of subject matter jurisdiction under the Federal Tort Claims Act ("FTCA"). The district court dismissed the action after finding that it was barred by the discretionary function exception to the FTCA, 28 U.S.C. § 2680(a). Lesoeur first contends that the discretionary function exception does not...

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