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COUMOU v. U.S.

Nos. 95-30219, 95-30697.

114 F.3d 64 (1997)

Bram C. COUMOU, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant, and Lieutenant Jacoblowski; Commander Mizell; Lieutenant Kontratowicz, Defendants.

United States Court of Appeals, Fifth Circuit.

May 21, 1997.

Attorney(s) appearing for the Case

George J. Fowler, III, Paul Newman Vance, Jeffry L. Sanford, New Orleans, LA, Keith Bernard Letourneau, U.S. Dept. of Justice, Washington, DC, for Bram Coumou in No. 95-30219.

Thomas Mark Bondy, U.S. Dept. of Justice, Civil Div., Washington, DC, Keith Bernard Letourneau, Richard T. Buckingham, Mark Bernard Stern, U.S. Dept. of Justice, Washington, DC, Ruth Morris Force, Asst. U.S. Atty., US. Atty.'s Office, New Orleans, LA, for U.S.

George J. Fowler, III, Paul Newman Vance, Jeffry L. Sanford, New Orleans, LA, for Bram Coumou in No. 95-30697.

Richard T. Buckingham, U.S. Dept. of Justice, Washington, DC, Ruth Morris Force, Asst. U.S. Atty., US. Atty.'s Office, New Orleans, LA, for Commander Mizell.

Keith Bernard Letourneau, Richard T. Buckingham, U.S. Dept. of Justice, Washington, DC, Ruth Morris Force, Asst. U.S. Atty., US. Atty.'s Office, New Orleans, LA, for Lieutenant Kontratowicz.

Before POLITZ, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.

ON REHEARING

(Opinion February 26, 1997, 5th Cir., 1997, 107 F.3d 290)

POLITZ, Chief Judge:

In response to the government's petition for rehearing, the final two paragraphs of the original opinion are withdrawn and are replaced by the following; otherwise the petition for rehearing is DENIED.

We are not persuaded that the discretionary-function exception...

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