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NATIONAL UNION FIRE INS. v. U.S.

Nos. 94-55531, 94-55586.

115 F.3d 1415 (1997)

NATIONAL UNION FIRE INSURANCE; Restaurant Enterprises Group, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant. and Army Corps of Engineers, Defendant. NATIONAL UNION FIRE INSURANCE; Restaurant Enterprises Group, Plaintiffs-Appellees-Cross-Appellants, v. UNITED STATES of America, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 10, 1997.

Attorney(s) appearing for the Case

Sean A. Lev, United States Department of Justice, Washington, D.C., for the defendant-appellant-cross-appellee.

Raymond H. Goettsch (Argued), and Edward A. Hoffman (On the Briefs), LaTorraca and Goettsch, Long Beach, California, for the plaintiffs-appellees-cross-appellants.

Before HUG, Chief Judge, BEEZER, and KLEINFELD, Circuit Judges.

OPINION

KLEINFELD, Circuit Judge:

This case turns on the discretionary function exception to the federal government's waiver of sovereign immunity for tort liability, under the Federal Tort Claims Act, 28 U.S.C. § 1346(b).

Facts

For about a half century, the Army Corps of Engineers (Corps) has developed and improved King Harbor, in Redondo Beach, California. The original purpose of...

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