FABER v. U.S.

No. 94-16096.

56 F.3d 1122 (1995)

Everett Todd FABER, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 6, 1995.


Attorney(s) appearing for the Case

Gary S. Grynkewich, Linden, Chapa & Fields, Tucson, AZ, for the plaintiff-appellant.

Eugene R. Bracamonte, Asst. U.S. Atty., Tucson, AZ, for defendant-appellee.

Before: FLOYD R. GIBSON, HUG, and FERGUSON, Circuit Judges.


FERGUSON, Circuit Judge:

Everett Todd Faber sued the United States in tort for its failure to warn of the existence of diving hazards in a national park. The district court granted summary judgment in favor of the United States on the basis that the discretionary function exception to the Federal Tort Claims Act ("FTCA") rendered the court without subject matter jurisdiction to adjudicate Faber's claim. Faber appealed. We vacate the judgement of the district court...

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