RAMIREZ v. U.S. POSTAL SERVICE

Civ. No. 94-1540 GG.

893 F.Supp. 121 (1995)

Jose Flores RAMIREZ, Cruz Nereida Rodriguez, and Nanette Flores Rodriguez, Plaintiffs, v. UNITED STATES POSTAL SERVICE and The United States of America, Defendants.

United States District Court, D. Puerto Rico.

March 21, 1995.


Attorney(s) appearing for the Case

Gino Negretti Lavergne, Miramar, Santurce, PR, for plaintiffs.

Guillermo Gil, U.S. Atty., Fidel Sevillano Del Rio, Asst. U.S. Atty., Hato Rey, PR, for defendants.


OPINION AND ORDER

GIERBOLINI, Senior District Judge.

On January 9, 1995, defendant United States of America filed a motion to dismiss and/or for summary judgment seeking dismissal of plaintiffs' complaint based on the discretionary function exception to the Federal Tort Claims Act, 28 U.S.C. § 2680(a). After being granted an extension, plaintiffs opposed defendant's motion by alleging that the discretionary function exception is inapplicable.

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