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TIPPETT v. U.S.

No. 95-8080.

108 F.3d 1194 (1997)

Frank TIPPETT and Judy Rand, Plaintiffs-Appellants, v. UNITED STATES of America and Robert Lowe, dba Best Adventures, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 10, 1997.

Attorney(s) appearing for the Case

Alan C. Sang of Carmen, Beauchamp, & Sang, Deerfield Beach, Florida, and Terry W. Mackey and Mark R. Stewart of Hickey, Mackey, Evans, Walker & Stewart, Cheyenne, Wyoming, for Plaintiffs-Appellants.

David D. Freudenthal, United States Attorney and Nicholas Vassallo, Assistant United States Attorney, Cheyenne, Wyoming, for Defendants-Appellees.

Before BRISCOE and MURPHY, Circuit Judges, and VAN BEBBER, District Judge.

BRISCOE, Circuit Judge.

The district court dismissed plaintiffs' claims brought under the Federal Tort Claims Act, (FTCA) 28 U.S.C. §§ 1346(b) and 2671-80, for lack of subject matter jurisdiction, finding that the discretionary function exception to the limited waiver of sovereign immunity contained in the FTCA barred plaintiffs' claims.2 We affirm.

Plaintiff Frank Tippett and...

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