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KONCHEL EX REL KONCHEL v. U.S.

No. CV 97-418 TUC JMR.

49 F.Supp.2d 1155 (1998)

Anna KNOCHEL, by and through her parents and guardians ad litem, James and Lynn KNOCHEL, on their own behalf, Plaintiffs, v. UNITED STATES, Defendant.

United States District Court, D. Arizona.

December 4, 1998.

Attorney(s) appearing for the Case

Ted A. Schmidt, Kinerk, Beal, Schmidt & Dyer, P.C., Trial Lawyers, Tucson, AZ, for plaintiffs.

Frank W. Hunger, Assistant Attorney General, Janet Napolitano, United States Attorney, Paul F. Figley, Deputy Director, Steven B. Snyder, Trial Attorney, Torts Branch, Civil Division, U.S. Department of Justice, Washington, D.C., for defendant.

ORDER

ROLL, District Judge.

Following briefing and oral argument, the Court denied Defendant United States' motion to dismiss for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1) based upon the discretionary function exception to the Federal Tort Claims Act (FTCA). 28 U.S.C. § 2680(a). In denying dismissal, the Court indicated that this detailed Order would follow.

BACKGROUND

On July 25, 1994, 16...

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