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MESA v. U.S.

No. 96-4724.

123 F.3d 1435 (1997)

Pedro Pablo MESA, Mercedes Mesa, Maria Luz Galdeano, Carlos Galdeano, David Galdeano, Plaintiffs-Appellants, v. UNITED STATES of America, Michael Dolan, Jaime Camacho, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 7, 1997.

Attorney(s) appearing for the Case

Edward A. Kaufman, David Smith, Kaufman, Miller, Dickstein & Grunspan, P.A., Miami, FL, for Plaintiffs-Appellants.

Gordon W. Daiger, Senior Trial Counsel, Torts Branch, Civil Division, U.S. Department of Justice. Washington, DC, John F. Daly, Barbara L. Herwig, U.S. Department of Justice, Washington, DC, for Defendants-Appellees.

Before ANDERSON and BIRCH, Circuit Judges, and WOODS, Senior District Judge.

ANDERSON, Circuit Judge:

This case arises out of the service of an arrest warrant on the wrong man. The appellants contend that law enforcement officers failed to properly ascertain the identity of the person on whom the arrest warrant was served. Because we conclude that the appellants' claim is barred by the Federal Tort Claims Act's discretionary function exception, we affirm the district court's dismissal of this case for lack of subject matter jurisdiction.<...

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